S  CONSTITUTION 


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IOWA 


ITS  CONSTITUTION  AN§d5i^^- 


BY 

S.   M.  WEAVEK 

Judge  XI.  Judicial  District,  Iowa 


MAYNAED,  MEERILL,   &   CO. 

29,  31,  AND  33  East  Nineteenth  Street 
NEW   YORK 


Copyright,  1897, 

BY 

MAYNARD,  MERRILJ.,  &  CO. 


73 


JK 


IS    7 


-Mil 


CONTENTS 


PAGE 

Introduction 3 

CHAPTER 

I.  The  Constitution 6 

II.  Iowa  in  History 36 

III.  Development  of  the  Constitution 38 

IV.  Relation  of  the  State  and  Nation 40 

V.  Constitution  aided  by  Statutes 41 

VI.  Personal  Rights 42 

VII.  Right  of  Suffrage 53 

X            VIII.  Distribution  of  Powers 57 

^                IX.  Legislative  Department 57 

X.   Executive  Department 67 

XI.  Non-elective  State  Ulficers 75 

X  XII.  State  Institutions ,78 

XIII.  Judicial  Department ,     ....  79 

XIV.  The  State  Militia  .     , 84 

XV.   State  Debts 85 

XVI.  Corporations 87 

XVII.  Public  Education 90 

Jp        XVIII.  Constitutional  Amendments 93 

S             XIX.  Miscellaneous  Provisions 95 

j/i|              XX.  Counties  and  County  Government 98 

1^            XXI.  Townships  and  Township  Government 103 

XXII.  Cities  and  Towns 105 

XXIII.  School  Districts 110 

XXIV.  Taxation 113 


321117 


INTRODUCTIOK 


Order  of  Study — The  natural  order  of  inquiry  into 
the  govern nient  of  one  of  tlie  United  States  begins 
witli  its  Constitntion.  In  harmony  with  tliis  thouglit 
we  devote  the  first  chapter  of  tlie  following  study  of 
Iowa  to  the  text  of  its  fundamental  law.  We  suij-ffest 
however,  that  at  the  outset  the  pupil  be  not  required  to 
do  more  than  carefully  read  this  text,  and  that  tlie  more 
minute  examination  of  its  provisions  be  taken  up  in  con- 
nection with  the  subsequent  chapters  in  which  they  are 
re-stated  and  explained  in  detail. 

Definitions — It  cannot  be  too  strongly  urged  upon 
teachers  and  pupils  that  they  do  not  leave  any  ^o]>ic 
which  is  discussed  in  this  little  volume  until  the  mean- 
ing of  the  language  employed  has  been  thoroughly  mas- 
tered. While  careful  effort  has  been  made  to  state  rules 
and  principles  in  plain  and  ordinary  terms,  it  lias  been 
impossible  to  avoid  always  the  use  of  words  and  phrases 
peculiar  to  law  books  and  writings. 

The  Constitution  also  contains  many  terms  not  at  first 
readily  understood  by  the  non-professional  reader.  In 
most  instances  of  this  kind  we  have  given  definitions  and 
explanations  which  will  enable  the  young  person  of  ordi- 
nary intelligence  to  grasp  the  idea  sought  to  be  con- 


4  INTRODUCTION 

veyed.  Lack  of  space  lias  prevented  other  definitions 
wliicli  could  have  been  given  witli  profit ;  \mt  the  dili- 
gent student  can  be  relied  upon  to  consult  the  dictionary 
and  other  available  works  of  reference,  whenever  he 
finds  himself  in  doubt  upon  a  question  of  interpretation. 
Equivalent  Terms — In  the  following  chapters  the 
words  "elector"  and  "  voter"  have  been  used  as  hav- 
ing the  same  meaning.  Laws  enacted  by  the  Legisla- 
ture of  the  State  or  by  the  Congress  of  the  United 
States  are  spoken  of  as  "acts/'  "statutes,"  "statu- 
tory laws,"  and  "enactments."  The  words  "road," 
' '  public  road  ' '  are  treated  as  of  the  same  signification 
as  "highway."  Tlie  constitutional  name  of  the  Senate 
and  House  of  Kepresentatives  of  the  State,  when  taken 
together  as  a  law-making  body,  is  "The  General  As- 
sembly of  the  State  of  loM'a, "  Ijut  in  popular  usage  it 
is  more  frequently  and  simply  mentioned  as  "the  Leg- 
islature," a  usage  which  we  have  sometimes  followed. 
Other  similar  instances  will  be  noted  by  the  observant 
I'eader. 


IOWA 

ITS  STATE  AND  LOCAL  GOVEEXMENT 


WITH  THE 


STATE   CONSTITUTION 


TO   TEACHERS 


Knowledge  of  the  general  nature  of  our  state  government  and  of 
tlie  laws  which  command  our  obedience  is  indispensable  to  a  high 
standard  of  citizenship,  Every  man  and  woman  is  charged  with 
public  as  well  as  private  responsibilities ;  and  upon  the  manner  in 
which  the  young  are  trained  to  meet  those  responsibilities  depends 
the  destiny  of  our  country. 

To  aid  in  imparting  instructions  along  these  lines,  the  following 
chapters  have  been  written. 

The  subject  treated  is  generally,  but  very  erroneously,  supposed 
to  be  too  complex  and  abstruse  for  any  but  trained  lawyers  to  under- 
stand. The  machinery  of  our  government  is  remarkable  for  its  sim- 
plicity, and  its  practical  operation  can  readily  be  made  plain  and  full 
of  interest  to  every  intelligent  child. 

Practical  illustration  of  the  administration  of  government,  in  some 
of  its  minor  features  at  least,  is  always  at  hand  for  the  use  of  the  apt 
instructor ;  and  such  familiar  examples  as  the  working  of  public 
roads,  annual  school  meetings,  annual  and  special  elections,  proceed- 
ings of  school  directors,  city  councils,  boards  of  supervisors,  mayors, 
and  justices  of  the  peace,  the  assessment  and  collection  of  taxes,  and 
other  similar  matters,  can  be  made  topics  of  profitable  discussion  and 
inquiry. 

Concerning  other  features  not  coming  within  the  range  of  personal 
observation,  pupils  should  be  encouraged  to  go  beyond  the  outline 
lesson  and  investigate  for  themselves  all  available  sources  of  infor- 
mation. 

Among  the  authorities  in  easy  reach  are  the  Code,  containing  a 
compilation  of  all  the  statutes  of  general  importance;  the  Official 

5 


6       IOWA,  ITS  STATE  AND  LOCAL   GOVERNMENT 

Register,  publislied  yearly  by  the  Secretary  of  State  ;  the  Census  Re- 
ports ;  reports  of  all  the  various  State  Offices;  Annals  of  Iowa  ;  Acad- 
emy of  Science  ;  Handbook  for  Iowa  Teachers,  published  annually 
for  free  distribution.  Of  these,  the  first  can  be  found  in  the  office  of 
every  lawyer  and  magistrate  ;  while  the  other  documents  named  may 
usually  be  obtained  without  expense  by  api)lying  to  the  proper 
officer  at  the  State  Capitol. 

Many  other  helps  will  be  discovered  by  the  student  who  cultivates 
the  habit  of  independent  investigation  and  independent  thought. 

No  word  or  phrase,  made  use  of  in  the  text,  should  be  passed  until 
its  meaning  is  fully  explained  and  understood.  Studied  in  this 
manner  and  with  this  spirit,  the  time  employed  upon  these  pages 
cannot  be  otherwise  than  well  spent. 

CHAPTEE  I 

CONSTITUTION    OF    IOWA 

TJie  Jieavy  face  figures  in  the  margin  are  inserted  for  convenience 
of  reference. 

We,  the  people  of  the  State  of  Io'^va,  grateful  to  the 
Supreme  Being  for  the  blessings  hitherto  enjoyed,  and  feel- 
ing our  dependence  on  Him  for  a  continuation  of  these 
blessings,  do  ordain  and  establish  a  free  and  independent 
government,  by  the  name  of  The  State  of  Iowa,  the 
boundaries  whereof  shall  be  as  follows  : 


2 


Beginning  in  the  middle  of  the  main  channel  of  the  Missis- 
sippi river,  at  a  point  due  east  of  the  middle  of  the  mouth  of 
the  main  channel  of  the  Des  Moines  river,  thence  up  the  middle 
of  the  main  channel  of  the  said  Des  Moines  river,  to  a  point  on 
said  river  where  the  northern  boundary  line  of  the  State  of 
Missouri — as  established  by  the  Constitution  of  that  State — 
adopted  June  12,  1820 — crosses  the  said  middle  of  the  mala 
channel  of  the  said  Des  Moines  river  ;  thence  westwardly 
along  the  said  northern  boundary  line  of  the  State  of  Missouri, 
as  established  at  the  time  aforesaid,  until  an  extension  of  said 
line  intersects  the  middle  of  main  channel  of  the  Missouri 
river  ;  thence  up  the  middle  of  the  main  channel  of  the  said 


6 


CONSTITUTION  OF  IOWA  7 

Missouri  river  to  a  point  opposite  tlio  iniddlo  of  the  nmiu 
channel  of  tlie  Big  Sioux  river,  according  to  Nicoilett's  inai>  ; 
thence  up  the  main  cliannel  of  the  Big  Sioux  river,  arconl- 
ing  to  tlie  said  map,  until  it  is  intersected  by  tlur  parallel 
of  forty-three  degrees  and  thirty  minutes  north  latitu<le  ; 
thence  east  along  said  parallel  of  forty-three  degrees  and 
thirty  minutes,  until  said  parallel  intersects  the  middle  of 
the  main  channel  of  the  Mississippi  river  ;  thence  down  the 
middle  of  the  main  channel  of  said  Mississippi  river  to  the 
place  of  beginning. 

Article  I.    Bill  of  Rights 

Sectiox  1.  All  men  are,  by  nature,  free  and  equal,  and 
have  certain  inalienable  rights,  among  which  are  those  of  en- 
joying and  defending  life  and  liberty,  acquiring,  possessing, 
and  protecting  property,  and  pursuing  and  obtaining  safety 
and  happiness. 

Sec.  2.  All  political  power  is  inherent  to  the  people.  Gov- 
ernment is  instituted  for  the  protection,  security,  and  benefit 
of  the  people,  and  they  have  the  right,  at  all  times,  to  alter 
or  reform  the  same,  whenever  the  public  good  may  require  it. 

Sec.  3.  The  General  Assembly  shall  make  no  law  respect- 
ing an  establishment  of  religion,  or  prohibiting  the  free  exer- 
cise thereof  ;  nor  shall  any  person  be  compelled  to  attend  any 
place  of  worship,  pay  tithes,  taxes,  or  other  rates  for  building 
or  repairing  places  of  worship,  or  the  maintenance  of  any 
minister,  or  ministry. 

Sec.  4.  No  religious  test  shall  be  required  as  a  qualification 
for  any  office  or  public  trust,  and  no  person  shall  be  deprived 
of  any  of  his  rights,  privileges,  or  capacities,  or  disqualified 
from  the  performance  of  any  of  Lis  public  or  private  duties, 
or  rendered  incompetent  to  give  evidence  in  any  court  of  law 
or  equity,  in  consequence  of  bis  opinions  on  the  subject  of 
religion  ;   and  any  party  to  any  judicial  proceeding  shall  have 


8       IOWA,  ITS  STATE  A^^B  LOCAL   OOVEBNMENT 

the  right  to  use  as  a  witness,  or  take  the  testimony  of,  any 
other  person  not  disqualified  on  account  of  interest,  who  may 
be  cognizant  of  any  fact  material  to  the  case  ;  and  parties  to 
suits  may  be  witnesses,  as  provided  by  law. 

Sec.  5.  Any  citizen  of  this  State  who  may  hereafter  be  en- 
gaged, either  directly  or  indirectly,  in  a  duel,  either  as  princi- 
pal, or  accessory  before  the  fact,  shall  forever  be  disqualified 
from  holding  any  oifice  under  the  constitution  and  laws  of  this 
State. 

8  Sec.  6.  All  laws  of  a  general  nature  shall  have  a  uniform 
operation  ;  the  General  Assembly  shall  not  grant  to  any 
citizen,  or  class  of  citizens,  privileges  or  immunities  which, 
upon  the  same  terms,  shall  not  equally  belong  to  all  citizens. 

9  Sec.  7.  Every  person  may  speak,  write,  and  publish  his 
sentiments  on  all  subjects,  being  responsible  for  the  abuse  of 
that  right.  No  law  shall  be  passed  to  restrain  or  abridge  the 
liberty  of  speech,  or  of  the  press.  In  all  prosecutions  or  in- 
dictments for  libel,  the  truth  may  be  given  in  evidence  to  the 
jury,  and  if  it  appear  to  the  jury  that  the  matter  charged  as 
libelous  was  true,  and  was  published  with  good  motives  and 
for  j  ustifiable  ends,  the  party  shall  be  acquitted. 

XO  Sec.  8.  The  right  of  the  people  to  be  secure  in  their  per- 
sons, houses,  papers,  and  effects  against  unreasonable  seizures 
and  searches  shall  not  be  violated  ;  and  no  warrant  shall  issue 
but  on  probable  cause,  supported  by  oath  or  affirmation, 
particularly  describing  the  place  to  be  searched,  and  the 
persons  and  things  to  be  seized. 

XI  Sec.  9.  The  right  of  trial  by  jury  shall  remain  inviolate; 
but  the  General  Assembly  may  authorize  trial  by  a  jury  of  a 
less  number  than  twelve  men  in  inferior  courts  ;  but  no 
person  shall  be  deprived  of  life,  liberty,  or  property  without 
due  process  of  law. 

i  2  Skc.  10.  In  all  criiuinal  prospcutions,  and  in  cases  involving 
the  life  or  liberty  of  un   individual,  the  accused  shall  have  a 


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CONSTITUTION  OF  IOWA  9 

right  to  a  speedy  and  public  trial  by  an  impartial  jury  ;  to  bo 
informed  of  the  accusation  againwt  liiin;  to  Lave  a  copy  of  tlio 
same  wlien  demanded  ;  to  lie  confronted  with  the  witnesses 
against  bim  ;  to  have  compulsory  process  for  bis  witnesses  ; 
and  to  have  tbe  assistance  of  counsel. 

Sec.  11.  All  offenses  less  than  felony  and  in  wliicb  tbe 
punishment  does  not  exceed  a  fine  of  one  hundred  dollars,  or 
imprisonment  for  thirty  days,  shall  be  tried  summarily  before 
a  Justice  of  the  Peace,  or  other  officer  authorized  by  law,  on 
information  under  oath,  without  indictment,  or  the  interven- 
tion of  a  grand  jury,  saving  to  the  defendant  the  right  of  ap- 
peal ;  and  no  person  shall  be  held  to  answer  for  any  higher 
criminal  offense,  unless  on  presentment  or  indictment  by  a 
grand  jury,  except  in  cases  arising  in  the  army,  or  navy,  or  in 
the  militia,  when  in  actual  service,  in  time  of  war  or  public 
danger. 

Sec.  13.  No  person  shall,  after  acquittal,  be  tried  for  the 
same  offense.  All  persons  shall,  before  conviction,  be  bail- 
able, by  sufficient  sureties,  except  for  capital  offenses  where 
the  proof  is  evident,  or  the  presumption  great. 

Sec.  13.  The  writ  of  habeas  corpus  shall  not  be  suspended, 
or  refused  when  application  is  made  as  required  by  law,  un- 
less, in  case  of  rebellion,  or  invasion,  the  public  safety  may 
require  it. 

Sec.  14.  The  military  shall  be  subordinate  to  the  civil 
power.  No  standing  army  shall  be  kept  up  by  the  State  in 
time  of  peace  ;  and  in  time  of  war,  no  appropriation  for  a 
standing  army  shall  be  for  a  longer  time  than  two  years. 

Sec.  15.  No  soldier  shall,  in  time  of  peace,  be  quartered  in 
any  house  without  the  consent  of  the  owner,  nor  in  time  of 
war  except  in  the  manner  prescribed  by  law. 

Sec.  16.  Treason  against  the  State  shall  consist  only  in 
levying  war  against  it,  adhering  to  its  enemies,  or  giving  them 
aid  and  comfort.     No  person  shall  be  convicted  of  treason,  un- 


10     IOWA,  ITS  STATE  AND  LOCAL   GOVERNMENT 


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less  on  tlie  evidence  of  two  witnesses  to  tlie  same  overt  act,  or 
confession  in  open  court. 

Sec.  17.  Excessive  bail  sliall  not  be  required ;  excessive 
fines  sball  not  be  imposed,  and  cruel  and  unusual  punisbment 
sball  not  be  inflicted. 

Sec.  18.  Private  property  sball  not  be  taken  for  public  use 
witbout  just  compensation  first  being  made,  or  secured  to  be 
made,  to  the  owner  tbereof,  as  soon  as  tbe  damages  sball  be 
assessed  by  a  jury,  wbo  sball  not  take  into  consideration  any 
advantages  tbat  may  result  to  said  owner  on  account  of  tbe 
improvement  for  wbicb  it  is  taken. 

Sec.  19.  No  person  sball  be  imprisoned  for  debt  in  any 
civil  action,  on  mesne  or  final  process,  unless  in  case  of  fraud  ; 
and  no  person  sball  be  imprisoned  for  a  militia  fine  in  time  of 
peace. 

Sec.  20.  Tbe  people  bave  tbe  rigbt  freely  to  assemble 
togetber  to  counsel  for  tbe  common  good  ;  to  make  known 
tbeir  opinions  to  tbeir  representatives  and  to  petition  for  a  re- 
dress of  grievances. 

Sec.  21.  No  bill  of  attainder,  ex  po^t  facto  law,  or  law  im- 
pairing tbe  obligation  of  contracts  sball  ever  be  passed. 

Sec.  22.  Foreigners  wbo  are,  or  may  bereafter  become, 
residents  of  tbis  State  sball  enjoy  tbe  same  rigbts  in  respect 
to  tbe  possession,  enjoyment,  and  descent  of  property  as 
native-born  citizens. 

Sec.  23.  Tbere  sball  be  no  slavery  in  tbis  State,  nor  sball 
tbere  be  involuntary  servitude,  unless  for  tbe  punisbment  of 
crime. 

Sec.  24.  No  lease  or  grant  of  agricultural  lands,  reserving 
any  rent,  or  service  of  any  kind,  sball  be  valid  for  a  longer 
period  tban  twenty  years. 

Sec.  25.  Tbe  enumeration  of  rigbts  sball  not  be  construed 
to  impair  or  deny  otbers,  retained  by  tbe  people. 

[Sec.  26.  No  person  sball  manufacture  for  sale,  or  sell,  or 


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33 

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CONSTITUTION  OF  IOWA  11 

keep  for  sale,  as  a  beverage,  any  intoxicating  liquors  what- 
ever, including  ale,  wine,  and  beer.  The  General  Assembly 
shall  by  law  prescribe  regulations  for  the  enforcement  of  the 
prohibition  herein  contained,  and  shall  thereby  provide  suita- 
ble penalties  for  the  violation  of  the  provision  hereof.] 

[llic  foregoing  amendment  icus  adopted  at  a  special  election 
field  on  June  27,  1882.  The  supreme  court,  April  21,  1883,  in 
the  case  of  Koehler  &  Lange  vs.  Hill,  and  reported  in  60th 
Iowa,  page  543,  held  that,  owing  to  certain  irregularities,  the 
same  was  not  legally  submitted  to  the  electors,  and  did  not  he- 
come  apart  of  the  constitution.'] 

Article  II.     Ki^ht  of  SuflFiage 

Section  1.  Every  [ichite]  male  citizen  of  the  United  States, 
of  the  age  of  twenty-one  years,  who  shall  have  been  a  resident 
of  this  State  six  months  next  preceding  the  election,  and  of 
the  county  in  which  he  claims  his  vote  sixty  days,  shall  be 
entitled  to  vote  at  all  elections  which  are  now  or  hereafter 
may  be  authorized  by  law. 

[Amended  by  striking  out  the  word  "  white"  at  the  general 
election  in  1S6S.] 

Sec.  2.  Electors  shall,  in  all  cases  except  treason,  felony, 
or  breach  of  the  peace,  be  privileged  from  arrest  on  the  days 
of  election,  during  their  attendance  at  such  elections,  going  to 
and  returning  therefrom. 

Sec.  3.  No  elector  shall  be  obliged  to  perform  military  duty 
on  the  day  of  election,  except  in  time  of  war  or  public  danger. 

Sec.  4.  No  person  in  the  military,  naval,  or  marine  service 
of  the  United  States  shall  be  considered  a  resident  of  this 
State  l)y  being  stationed  in  any  garrison,  barrack,  or  military 
or  naval  place  or  station  within  this  State. 

Sec.  5.  No  idiot,  or  insane  person,  or  person  convicted  of 
any  infamous  crime  shall  be  entitled  to  the  privilege  of  an 
elector. 


12     IOWA,  ITS  STATE  AND  LOCAL   GOVERNMENT 


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Sec.  6.  All  elections  by  the  people  shall  be  by  ballot. 

[Amendment.]  The  general  election  for  State,  district, 
county,  and  township  officers  shall  be  held  on  the  Tuesday 
next  after  the  first  Monday  in  November. 

[The  foregoing  amendment  was  adopted  at  the  general 
election  in  1884.] 

Article  III.     Of  the  Distribution  of  Powers 

Section  1.  The  powers  of  the  government  of  Iowa  shall  be 
divided  into  three  separate  departments — the  Legislative,  the 
Executive,  and  the  Judicial ;  and  no  person  charged  with  the 
exercise  of  powers  properly  belonging  to  one  of  these  depart- 
ments shall  exercise  any  function  appertaining  to  either  of  the 
others,  except  in  cases  hereinafter  expressly  directed  or  per- 
mitted. 

Legislative  Department. 

Section  1.  The  Legislative  authority  of  this  State  shall  be 
vested  in  a  General  Assembly,  which  shall  consist  of  a  Senate 
and  House  of  Eepresentatives  ;  and  the  style  of  every  law 
shall  be  : 

"Be  it  enacted  hy  the  General  AssemUi/  of  the  State  of 
loica." 

Sec.  2.  The  sessions  of  the  General  Assembly  shall  be 
biennial,  and  shall  commence  on  the  second  Monday  in  Janu- 
ary next  ensuing  the  election  of  its  members  ;  unless  the 
Governor  of  the  State  shall,  in  the  meantime,  convene  the 
General  Assembly  by  j)roclamalion. 

Sec.  3.  The  members  of  the  House  of  Representatives  shall 
be  chosen  every  second  year  by  the  qualified  electors  of  their 
respective  districts,  on  the  Tuesday  next  after  the  first  Mon- 
day in  November  ;  and  their  term  of  office  shall  commence  on 
the  first  day  of  January  next  after  their  election,  and  continue 
two  years,  and  until  their  successors  are  elected  and  qualified. 

Sec.  4.  No  person  shall  be  a  member  of  the  House  of 
Representatives    who   shall    not    have   attained    the    age  of 


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43 


44 


45 


CONSTITUTION  OF  IOWA  13 

twenty-one  years,  be  a  [free ^irMU]  male  citizen  of  tlie  United 
States,  and  shall  liave  been  an  inliabitant  of  this  State  one 
year  next  preceding  his  election,  and  at  the  time  of  his 
election  shall  have  had  an  actual  residence  of  sixty  days  in  the 
county  or  district  he  may  have  been  chosen  to  rei)resent. 

[Amended  by  striking  out  the  icords  "free  lohite,"  at  the 
general  election  in  1S80.'] 

Sec.  5.  Senators  shall  be  chosen  for  the  term  of  four  years, 
at  the  same  time  and  place  as  liepresentatives  ;  they  shall  be 
twenty-five  years  of  age,  and  possess  the  qualifications  of 
Representatives  as  to  residence  and  citizenship. 

Sec.  6.  The  number  of  Senators  shall  not  be  less  than  one- 
third,  nor  more  than  one-half  the  Representative  body  ;  and 
shall  be  so  classified,  by  lot,  that  one  class,  being  as  nearly 
one-half  as  possible,  shall  be  elected  every  two  years.  When 
the  number  of  Senators  is  increased,  they  shall  be  annexed  by 
lot  to  one  or  the  other  of  the  two  classes,  so  as  to  keep  them 
as  nearly  equal  in  numbers  as  practicable. 

Sec.  7.  Each  house  shall  choose  its  own  officers,  and  judge 
of  the  qualification,  election,  and  return  of  its  own  members. 
A  contested  election  shall  be  determined  in  such  manner  as 
shall  be  directed  by  law. 

Sec.  8.  A  majority  of  each  house  shall  constitute  a  quorum 
to  transact  business  ;  but  a  smaller  number  may  adjourn  from 
day  to  day,  and  may  compel  the  attendance  of  absent  members 
in  such  manner  and  under  such  penalties  as  each  house  may 
provide. 

Sec.  9.  Each  house  shall  sit  upon  its  own  adjournments, 
keep  a  journal  of  its  proceedings.and  publish  the  same  ;  de- 
termine its  rules  of  proceedings,  punish  members  for  dis- 
orderly behavior,  and,  with  the  consent  of  two-thirds,  expel 
a  member,  but  not  a  second  time  for  the  same  offense  ;  and 
shall  have  all  other  powers  necessary  for  a  branch  of  the 
General  Assembly  of  a  free  and  independent  State. 


14     IOWA,  ITS  STATE  AND  LOCAL   GOVERNMENT 


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47 


48 


49 


50 


51 


53 


Sec.  10.  Every  member  of  tlie  General  Assembly  shall 
have  tlie  liberty  to  dissent  from,  or  protest  against,  any  act  or 
resolution  wliicli  lie  may  think  injurious  to  the  public  or  an 
individual,  and  have  the  reasons  for  his  dissent  entered  on  the 
journals  ;  and  the  yeas  and  nays  of  the  members  of  either 
house,  on  any  question,  shall,  at  the  desire  of  any  two  mem- 
bers present,  be  entered  on  the  journals. 

Sec.  11.  Senators  and  representatives,  in  all  cases,  except 
treason,  felony,  or  breach  of  the  peace,  shall  be  privileged 
from  arrest  during  the  session  of  the  General  Assembly,  and 
in  going  to  and  returning  from  the  same. 

Sec.  13.  When  vacancies  occur  in  either  house,  the  Gov- 
ernor, or  the  person  exercising  the  functions  of  Governor, 
shall  issue  writs  of  election  to  fill  such  vacancies. 

Sec.  13.  The  doors  of  each  house  shall  be  open,  except  on 
such  occasions  as,  in  the  opinion  of  the  house,  may  require 
secrecy. 

Sec.  14.  Neither  house  shall,  without  the  consent  of  the 
other,  adjourn  for  more  than  three  days,  nor  to  any  other 
place  than  that  in  which  they  may  be  sitting. 

Sec.  15.  Bills  may  originate  in  either  house,  and  may  be 
amended,  altered,  or  rejected  by  the  other ;  and  every  bill, 
having  passed  both  houses,  shall  be  signed  by  the  Speaker 
and  President  of  their  respective  houses. 

Sec.  16.  Every  bill  which  shall  have  passed  the  General 
Assembly  shall,  before  it  becomes  a  law,  be  presented  to  the 
Governor.  If  he  approve,  he  shall  sign  it  ;  but  if  not,  he  shall 
return  it,  with  his  objections,  to  the  house  in  which  it  origi- 
nated, which  shall  enter  the  same  upon  their  journal,  and 
proceed  to  reconsider  it ;  if,  after  such  reconsideration,  it 
again  pass  both  houses,  by  yeas  and  nays,  by  a  majority  of 
two-thirds  of  the  members  of  each  house,  it  shall  become  a 
law,  notwithstanding  the  Governor's  objections.  If  any  bill 
shall  not  be  returned  within  three  days  after  it  shall  have 


CONSTITUTION  OF  IOWA  16 

been  presented  to  him,  Sunday  excepted,  tlio  same  sLall  be  a 
law  in  like  manner  as  if  he  had  signed  it,  unless  the  General 
Assembly,  by  adjournment,  prevent  such  return.  Any  bill 
submitted  to  the  Governor  for  his  approval  during  the  last 
three  days  of  a  session  of  the  General  Assembly,  shall  be  de- 
posited by  him  in  the  oiHce  of  the  Secretary  of  State,  withia 
thirty  days  after  the  adjournment,  with  his  approval,  if  ap- 
proved by  him,  and  with  his  objections,  if  he  disapproves 
thereof. 

Sec.  17.  No  bill  shall  be  passed  unless  by  the  assent  of  a 
majority  of  all  the  members  elected  to  each  branch  of  the 
General  Assembly,  and  the  question  upon  the  final  passage 
shall  be  taken  immediately  upon  its  last  reading,  and  the 
yeas  and  nays  entered  on  the  journal. 

Sec.  18.  An  accurate  statement  of  the  receipts  and  expendi- 
tures of  the  public  money  shall  be  attached  to  and  published 
with  the  laws,  at  every  regular  session  of  the  General  As- 
sembly. 

Sec.  19.  The  House  of  Representatives  'shall  have  the  sole 
power  of  impeachment,  and  all  impeachments  shall  be  tried 
by  the  Senate.  When  sitting  for  that  purpose,  the  senators 
shall  be  upon  oath  or  affirmation ;  and  no  person  shall  be  con- 
victed without  the  concurrence  of  two-thirds  of  the  members 
present. 

Sec.  20.  The  Governor,  Judges  of  the  Supreme  and  District 
Courts,  and  other  State  officers  shall  be  liable  to  impeach- 
ment for  any  misdemeanor  or  malfeasance  in  office  ;  but  judg- 
ment in  such  cases  shall  extend  only  to  removal  from  office, 
and  disqualification  to  hold  any  office  of  honor,  trust,  or  profit 
under  this  State  ;  but  the  party  convicted  or  acquitted  shall 
nevertheless  be  liable  to  indictment,  trial,  and  punishment 
according  to  law.  All  other  civil  officers  shall  be  tried  for 
misdemeanors  and  malfeasance  in  office,  in  such  manner  as 
the  General  Assembly  may  provide. 


16     JOWA,  ITS  STATE  AND  LOCAL   GOVERNMENT 


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63 


Sec.  21.  No  senator  or  representative  sball,  during  the 
time  for  wliicli  lie  shall  have  been  elected,  be  appointed  to 
any  civil  office  of  profit  under  this  State  which  shall  have 
been  created,  or  the  emoluments  of  which  shall  have  been  in- 
creased, during  such  term,  except  such  offices  as  may  be  filled 
by  elections  by  the  people. 

Sec.  22.  No  person  holding  any  lucrative  office  under  the 
United  States,  or  this  State,  or  any  other  power,  shall  be 
eligible  to  hold  a  seat  in  the  General  Assembly  ;  but  offices  in 
the  militia  to  which  there  is  attached  no  annual  salary,  or  the 
office  of  justice  of  the  peace,  or  postmaster  whose  compensa- 
tion does  not  exceed  one  hundred  dollars  per  annum,  or  notary 
public,  shall  not  be  deemed  lucrative. 

Sec.  23.  No  person  who  may  hereafter  be  a  collector  or 
holder  of  public  moneys  shall  have  a  seat  in  either  House  of 
the  General  Assembly,  or  be  eligible  to  hold  any  office  of 
trust  or  profit  in  this  State,  until  he  shall  have  accounted  for 
and  paid  into  the  treasury  all  sums  for  which  he  may  be 
liable. 

Sec.  24.  No  money  shall  be  drawn  from  the  treasury  but  in 
consequence  of  apjiropriations  made  by  law. 

Sec.  25.  Each  member  of  the  first  General  Assembly  under 
this  Constitution  shall  receive  three  dollars  per  diem  while  in 
session ;  and  the  further  sum  of  three  dollars  for  every 
twenty  miles  traveled,  in  going  to  and  returning  from  the 
place  where  such  session  is  held,  by  the  nearest  traveled 
route  ;  after  which  they  shall  receive  such  compensation  as 
shall  be  fixed  by  law  ;  but  no  General  Assembly  shall  have 
power  to  increase  the  compensation  of  its  own  members.  And 
when  convened  in  extra  session  they  shall  receive  the  same 
mileage  and  per  diem  compensation  as  fixed  by  law  for  the 
regular  session,  and  none  other. 

Sec.  26.  No  law  of  the  General  Assembly,  passed  at  a 
regular  session,  of  a  public  nature,  shall  take  effect  until  the 


63 
64 
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66 


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CONSTITUTION  OF  IOWA  17 

fourtli  (lay  of  July  next  after  the  passage  thereof.  Laws 
I)asse(l  at  a  special  session  shall  take  effect  ninety  days  after 
the  adjournment  of  the  General  Assembly  by  which  they  were 
passed.  If  the  General  Assembly  shall  deem  any  law  of  im- 
mediate importance,  they  may  provide  that  the  same  shall 
take  effect  by  publication  in  newspapers  in  the  State. 

Sec.  27.  No  divorce  shall  be  granted  by  the  General 
Assembly. 

Sec.  28.  No  lottery  shall  be  authorized  by  this  State  ;  nor 
shall  the  sale  of  lottery  tickets  be  allowed. 

Sec.  29.  Every  act  shall  embrace  but  one  subject,  and  mat- 
ters properly  connected  therewith  ;  which  subject  shall  be 
expressed  in  the  title.  But  if  any  subject  shall  be  embraced 
in  an  act  which  shall  not  be  expressed  in  the  title,  such  act 
shall  be  void  only  as  to  so  much  thereof  as  shall  not  be  ex- 
pressed in  the  title. 

Sec.  30.  The  General  Assembly  shall  not  pass  local  or 
special  laws  in  the  following  cases  : 

For  the  assessment  and  collection  of  taxes  for  State,  county, 
or  road  purposes  ; 

For  laying  out,  opening,  and  working  roads  or  highways  ; 

For  changing  the  names  of  jjersons  ; 

For  the  incorporation  of  cities  and  towns  ; 

For  vacating,  roads,  town  plats,  streets,  alleys,  or  public 
squares ; 

For  locating  or  changing  county  seats. 

In  all  the  cases  above  enumerated,  and  in  all  other  cases 
where  a  general  law  can  be  made  applicable,  all  laws  shall  be 
general,  and  of  uniform  operation  throughout  the  State  ;  and 
no  law  changing  the  boundary  lines  of  any  county  shall  have 
effect  until  upon  being  submitted  to  the  people  of  the  counties 
affected  by  the  change,  at  a  general  election,  it  shall  be  ap- 
proved by  a  majority  of  the  votes  in  each  county,  cast  for  and 
against  it. 


18     IOWA,  ITS  STATE  AND  LOCAL   GOVERNMENT 

68  Sec.  31.  No  extra  compensation  shall  be  made  to  any  officer, 
I  public  agent,  or  contractor  after  the  ser%'ice  shall  have  been 

rendered,  or  the  contract  entered  into  ;  nor  shall  any  money 
be  paid  on  any  claim  the  subject-matter  of  which  shall  not 
have  been  provided  for  by  pre-existing  laws,  and  no  public 
money  or  property  shall  be  appropriated  for  local  or  private 
purposes,  unless  such  appropriation,  compensation,  or  claim 
be  allowed  by  two-thirds  of  the  members  elected  to  each 
branch  of  the  General  Assembly. 

69  Sec.  33.  Members  of  the  General  Assembly  shall,  before 
they  enter  upon  the  duties  of  their  respective  offices,  take  and 
subscribe  the  following  oath  or  affirmation  :  "  I  do  solemnly 
swear  [or  affirm,  as  the  case  may  be]  that  I  will  support  the 
Constitution  of  the  United  States  and  the  Constitution  of  the 
State  of  Iowa,  and  that  I  will  faithfully  discharge  the  duties 
of  Senator  [or  liepresentative,  as  the  case  may  be]  according 
to  the  best  of  my  ability."  And  members  of  the  General 
Assembly  are  hereby  empowered  to  administer  to  each  other 
the  said  oath  or  affirmation. 

•^Q  Sec.  33.  The  General  Assembly  shall,  in  the  years  One 
thousand  eight  hundred  and  fifty-nine.  One  thousand  eight 
Tiundred  and  sixty-three.  One  thousand  eight  hundred  and 
sixty-five,  One  thousand  eight  hundred  and  sixty-seven.  One 
thousand  eight  hundred  and  sixty-nine,  and  One  thousand 
eight  hundred  and  seventy-five,  and  every  ten  years  there- 
after, cause  an  enumeration  to  be  made  of  all  the  [ichite]  in" 
habitants  of  the  State. 

[Amended  hy  striking  out  the  icord  "  tchite"  at  the  general 

election  in  1868.] 
>y  i  Sec.  34.  The  number  of  senators  shall,  at  the  next  session 
following  each  period  of  making  such  enumeration,  and  the 
next  session  following  each  United  States  census,  be  fixed  by 
law,  and  apportioned  among  the  several  counties,  according  to 
the  number  of  [ichitc]  inhabitants  in  each. 


73 


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CONSTITUTION  OF  IOWA  19 

[^7«e«f?t'(Z  6?/  striking  out  the  word  "white"  at  the  general 
election  in  IS6S.] 

Sec.  35.  The  Senate  shall  not  consist  of  more  than  fifty 
members,  nor  the  House  of  Representatives  of  more  than  one 
hundred  ;  and  they  shall  be  apportioned  among  the  several 
counties  and  representative  districts  of  the  State,  according  to 
the  number  of  [ichite^  inhabitants  in  each,  upon  ratios  to  be 
fixed  by  law  ;  but  no  representative  district  shall  contain 
more  than  four  organized  counties,  and  each  district  shall  be 
entitled  to  at  least  one  representative.  Every  county  and  dis- 
trict which  shall  have  a  number  of  inhabitants  equal  to  one- 
half  of  the  ratio  fixed  by  law  shall  be  entitled  to  one  repre- 
sentative ;  and  any  one  county  containing  in  addition  to  the 
ratio  fixed  by  law  one  half  of  that  number,  or  more,  shall  be 
entitled  to  one  additional  representative.  No  floating  district 
shall  hereafter  be  formed. 

[Amended  by  striking  out  the  icord  "wJiite"  at  the  general 
election  in  ISGS.] 

Sec.  36.  At  its  first  session  under  this  Constitution,  and  at 
every  subsequent  regular  session,  the  General  Assembly  shall 
fix  the  ratio  of  representation,  and  also  form  into  representa- 
tive districts  those  counties  which  will  not  be  entitled  singly 
to  a  representative. 

Sec.  37.  When  a  congressional,  senatorial,  or  representative 
district  shall  be  composed  of  two  or  more  counties,  it  shall  not 
be  entirely  separated  by  any  county  belonging  to  another  dis- 
trict ;  and  no  county  shall  be  divided  in  forming  a  con- 
gressional, senatorial,  or  representative  district. 

Sec.  38.  In  all  elections  by  the  General  Assembly,  the  mem- 
bers thereof  shall  vote  viva  voce,  and  the  votes  shall  be  en- 
tered on  the  journal. 


20     IOWA,  ITS  STATE  AND  LOCAL   GOVERNMENT 


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81 


Article  IV.    Executive  Department 

Section  1.  The  Supreme  Executive  power  of  the  State 
sliall  be  vested  in  a  Chief  Magistrate,  who  shall  be  styled  the 
Governor  of  the  State  of  Iowa. 

Sec.  2.  The  Governor  shall  be  elected  by  the  qualified 
electors  at  the  time  and  place  of  voting  for  members  of  the 
General  Assembly,  and  shall  hold  his  office  two  years  from 
the  time  of  his  installation  and  until  his  successor  is  elected 
and  qualified. 

Skc.  3.  There  shall  be  a  Lieutenant  Governor,  who  shall 
hold  his  office  two  years,  and  be  elected  at  the  same  time  as 
the  Governor.  In  voting  for  Governor  and  Lieutenant  Gov- 
ernor, the  electors  shall  designate  for  whom  they  vote  as  Gov- 
ernor, and  for  whom  as  Lieutenant  Governor.  The  returns  of 
every  election  for  Governor  and  Lieutenant  Governor  shall 
be  sealed  up  and  transmitted  to  the  seat  of  government  of  the 
State,  directed  to  the  Speaker  of  the  House  of  Representa- 
tives, who  shall  open  and  publish  them  in  the  presence  of 
both  Houses  of  the  General  Assembly. 

Sec.  4.  The  persons  respectively  having  the  highest  num- 
ber of  votes  for  Governor  and  Lieutenant  Governor  shall  be 
declared  duly  elected;  but  in  case  two  or  more  persons  shall 
have  an  equal  and  the  highest  number  of  votes  for  either 
office,  the  General  Assembly  shall,  by  joint  vote,  forthwith 
proceed  to  elect  one  of  said  persons  Governor,  or  Lieutenant 
Governor,  as  the  case  may  be. 

Si<X!.  5.  Contested  elections  for  Governor  or  Lieutenant 
Governor  shall  be  determined  by  the  General  Assembly  in 
such  manner  as  may  be  jirescribed  by  law. 

Sec.  6.  No  person  shall  be  eligible  to  the  office  of  Gov- 
ernor or  Lieutenant  Governor  who  shall  not  have  been  a 
citizen  of  the  United  States,  and  a  resident  of  the   State,  two 


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CONSTITUTION  OF  IOWA  21 

years  next   preceding  tbe  election,  and   attained  tlio  age   of 
tliirty  years  at  the  time  of  said  ek-ction. 

Sec.  7.  Tlie  Governor  shall  be  commander  in  chief  of  the 
militia,  the  army,  and  navy  of  this  State. 

Sec.  8.  He  shall  transact  all  executive  business  with  the 
oflacers  of  government,  civil  and  military,  and  may  require  in- 
formation in  writing  from  the  officers  of  the  executive  depart- 
ment upon  any  subject  relating  to  the  duties  of  their  respec- 
tive offices. 

Sec.  9.  He  shall  take  care  that  the  laws  are  faithfully 
executed. 

Sec.  10.  When  any  office  shall,  from  any  cause,  become 
vacant,  and  no  mode  is  provided  by  the  Constitution  and  laws 
for  filling  such  vacancy,  the  Governor  shall  have  power  to 
fill  such  vacancy,  by  granting  a  commission,  which  shall  ex- 
pire at  the  end  of  the  next  session  of  the  General  Assembly, 
or  at  the  next  election  by  the  people. 

Sec.  11.  He  may,  on  extraordinary  occasions,  convene  the 
General  Assembly,  by  proclamation,  and  shall  state  to  both 
Houses,  when  assembled,  the  purpose  for  which  they  shall 
have  been  convened. 

Sec.  12.  He  shall  communicate,  by  message,  to  the  General 
Assembly,  at  every  regular  session,  the  condition  of  the  State, 
and  recommend  such  matters  as  he  shall  deem  expedient. 

Sec.  13.  In  case  of  disagreement  between  the  two  Houses 
with  respect  to  the  time  of  adjournment,  the  Governor  shall 
have  power  to  adjourn  the  General  Assembly  to  such  time  as 
he  may  think  proper  ;  but  no  such  adjournment  shall  be  be- 
yond the  time  fixed  for  the  regular  meeting  of  the  next  Gen- 
eral Assembly, 

Sec.  14.  No  person  shall,  while  holding  anj'  office  under 
the  authority  of  the  United  States,  or  this  State,  execute  the 
office  of  Governor,  or  Lieutenant  Governor,  except  as  herein 
after  expressly  provided. 


22     IOWA,  ITS  STATE  A^^D  LOCAL  GOVERNMENT 


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93 


93 


Sec.  15.  The  official  term  of  the  Governor  and  Lieutenant 
Governor  shall  commence  on  the  second  Monday  of  January 
after  their  election,  and  continue  for  two  years  and  until  their 
next  successors  are  elected  and  qualified.  The  Lieutenant 
Governor,  while  acting  as  Governor,  shall  receive  the  same  pay 
as  provided  for  Governor  ;  and  while  presiding  in  the  Senate, 
shall  receive  as  compensation  therefor  the  same  mileage  and 
double  the  per  diem  pay  provided  for  a  Senator,  and  none 
other. 

Sec.  16.  The  Governor  shall  have  power  to  grant  reprieves, 
commutations,  and  pardons,  after  conviction,  for  all  offenses 
except  treason  and  cases  of  impeachment,  subject  to  such 
regulations  as  may  be  provided  by  law.  Upon  conviction  for 
treason,  he  shall  have  power  to  suspend  the  execution  of  the 
sentence  until  the  case  shall  be  reported  to  the  General  As- 
sembly at  its  next  meeting,  when  the  General  Assembly  shall 
either  grant  a  pardon,  commute  the  sentence,  direct  the  exe- 
cution of  the  sentence,  or  grant  a  further  reprieve.  He  shall 
have  power  to  remit  fines  and  forfeitures,  under  such  regula- 
tions as  may  be  prescribed  by  law  ;  and  shall  report  to  the 
General  Assembly,  at  its  next  meeting,  each  case  of  reprieve, 
commutation,  or  pardon  granted,  and  the  reason  therefor  ;  and 
also  all  persons  in  whose  favor  remission  of  fines  and  for- 
feitures shall  have  been  made,  and  the  several  amounts  remitted. 

Sec.  17.  In  case  of  the  death,  impeachment,  resignation, 
removal  from  office,  or  other  disabilities  of  the  Governor,  the 
powers  and  duties  of  the  office  for  the  residue  of  the  term,  or 
until  he  shall  be  acquitted,  or  the  disability  removed,  shall 
devolve  on  the  Lieutenant  Governor. 

Sec.  18.  The  Lieutenant  Governor  shall  be  President  of 
the  Senate,  bat  shall  only  vote  when  the  Senate  is  equally 
divided  ;  and  in  case  of  his  absence  or  impeachment,  or 
when  he  shall  exercise  the  office  of  Governor,  the  Senate  shall 
choose  a  President  pro  tempore. 


CONSTITUTION  OF  IOWA  23 

04:  Sec.  19.  If  the  Lieutenant  Governor,  while  acting  as  Gov- 
ernor, shall  be  impeached,  displaced,  resign,  or  die,  or  other- 
wise become  incapable  of  performing  the  duties  of  the  office, 
the  President  pro  tempore  of  the  Senate  shall  act  as  Governor 
until  the  vacancy  is  filled  or  the  disability  removed ;  and  if 
the  President  of  the  Senate,  for  any  of  the  above  causes,  shall 
be  rendered  incapable  of  performing  the  duties  pertaining  to 
the  office  of  Governor,  the  same  shall  devolve  upon  the 
Speaker  of  the  House  of  Representatives. 

Q^  Sec.  20.  There  shall  be  a  seal  of  this  State,  which  shall  be 
kept  by  the  Governor,  and  used  by  him  officially,  and  shall  be 
called  the  Great  Seal  of  the  State  of  Iowa. 

0(3  Sec.  21.  All  grants  and  commissions  shall  be  in  the  name 
and  by  the  authority  of  the  people  of  the  State  of  Iowa,  sealed 
with  the  Great  Seal  of  the  State,  signed  by  the  Governor,  and 
countersigned  by  the  Secretary  of  State. 

Qiy  Sec.  22.  A  Secretary  of  State,  Auditor  of  State,  and  Treasurer 
of  State  shall  be  elected  by  the  qualified  electors,  who  shall 
continue  in  office  two  years,  and  until  their  successors  are 
elected  and  qualified  ;  and  perform  such  duties  as  may  be  re- 
quired by  law. 


98 

99 
100 


Article  V.  Judicial   Department 

Section  1.  The  Judicial  power  shall  be  vested  in  a  Supreme 
Court,  District  Court,  and  such  other  courts,  inferior  to  the 
Supreme  Court,  as  the  General  Assembly  may,  from  time  to 
time,  establish. 

Sec.  2.  The  Supreme  Court  shall  consist  of  three  judges, 
two  of  whom  shall  constitute  a  quorum  to  hold  court. 

Sec.  3.  The  judges  of  the  Supreme  Court  shall  be  elected 
by  the  qualified  electors  of  the  State,  and  shall  hold  their 
court  at  such  time  and  place  as  the  (ieneral  Assembly  may 
prescribe.  The  judges  of  the  Supreme  Court  so  elected  shall 
be  classified  so  that  one  judge  shall  go  out  of  office  every  two 


24     IOWA,  ITS  STATU]  AND  LOCAL   GOVERNMENT 

years  ;  and  tlie  judge  holding  the  shortest  terra  of  office  under 
such  classification  shall  be  Chief  Justice  of  the  court,  during 
his  term,  and  so  on  in  rotation.  After  the  expiration  of  their 
terms  of  office,  under  such  classification,  the  term  of  each 
Judge  of  the  Supreme  Court  shall  be  six  years,  and  until  his 
successor  shall  have  been  elected  and  qualified.  The  judges 
of  the  Supreme  Court  shall  be  ineligible  to  any  other  office  in 
the  State  during  the  term  for  which  they  shall  have  been 
elected. 

J^Q  J^  Sec.  4.  The  Supreme  Court  shall  have  appellate  jurisdiction 
only  in  cases  in  chancery,  and  shall  constitute  a  court  for  the 
correction  of  errors  at  law,  under  such  restrictions  as  the  Gen- 
eral Assembly  may,  by  law,  prescribe  ;  and  shall  have  power 
to  issue  all  writs  and  process  necessary  to  secure  justice  to 
parties,  and  exercise  a  supervisory  control  over  all  inferior 
Judicial  tribunals  throughout  the  State. 

lOS  Sec.  5.  The  District  Court  shall  consist  of  a  single  judge, 
who  shall  be  elected  by  the  qualified  electors  of  the  district  in 
which  he  resides.  The  judge  of  the  District  Court  shall  hold 
his  office  for  the  term  of  four  years  and  until  his  successor 
shall  have  been  elected  and  qualified  ;  and  shall  be  ineligible 
to  any  other  office,  except  that  of  judge  of  the  Supreme  Court, 
during  the  term  for  which  he  was  elected. 

1  03  Sec.  6.  The  District  Court  shall  be  a  court  of  law  and  equity, 
which  shall  be  distinct  and  separate  jurisdictions,  and  have 
jurisdiction  in  civil  and  criminal  matters  arising  in  their  re- 
spective districts,  in  such  manner  as  shall  be  prescribed  by 
law. 

104:  Sec.  7.  The  judges  of  the  Supreme  and  District  Courts  shall 
be  conservators  of  the  peace  throughout  the  State. 

105  Shc.  8.  The  style  of  all  process  shall  be  "The  State  of 
'  Iowa,"  and  all  })rosecutions  shall  be  conducted  in  the  name 
I  and  by  the  authority  of  the  same. 

1-06       ^'^*-'-  ^-   '^^®  salary  of  each  judge  of  the  Supreme  Court  shall 


CONSTITUTION  OF  IOWA 


25 


107 


108 


109 


be  two  tlioiisaiui  dollars  per  anmiiu  ;  and  that  of  each  district 
jud<,^e,  one  thousand  six  hundred  dolLars  per  annum,  until  the 
year  eighteen  hundred  and  sixty  ;  after  which  time  they  shall 
severally  receive  such  compensation  as  the  General  Assembly 
may,  by  law,  prescribe  ;  which  compensation  shall  not  be  in- 
creased or  diminished  during  the  term  for  which  they  shall 
have  been  elected. 

Sec.  10.  The  State  shall  be  divided  into  eleven  Judicial  Dis- 
tricts ;  and  after  the  year  eighteen  hundred  and  sixty,  the 
General  Assembly  may  reorganize  the  judicial  districts  and 
increase  or  diminish  the  number  of  districts,  or  the  number 
of  judges  of  the  said  court,  and  may  increase  the  number  of 
judges  of  the  Supreme  (.'ourt ;  but  such  increase  or  diminu- 
tion shall  not  be  more  than  one  district,  or  one  judge  of  either 
court,  at  any  one  session  ;  and  no  reorganization  of  the  dis- 
tricts, or  diminution  of  the  nftmber  of  judges,  shall  have 
the  effect  of  removing  a  judge  from  office.  Such  reorganiza- 
tion of  the  districts,  or  any  change  in  the  boundaries  thereof, 
or  increase  or  diminution  of  the  number  of  judges,  shall  take 
place  every  four  years  thereafter,  if  necessary,  and  at  no  other 
time. 

[Amendment.]  At  any  regular  session  of  the  General  As- 
sembly, the  State  may  be  divided  into  the  necessary  judicial 
districts  for  District  ("ourt  purposes,  or  the  said  districts  may 
be  reorganized  and  the  number  of  the  districts  and  the  judges 
of  said  courts  increased  or  diminished  ;  but  no  reorganization 
of  the  districts  or  diminution  of  the  judges  shall  have  the 
effect  of  removing  a  judge  from  ofRce. 

[The  foregoing  amendment  was  adopted  at  the  general  elec- 
tion in  1884] 

Sec.  11.  The  judges  of  the  Supreme  and  District  Courts 
shall  be  chosen  at  the  general  election  ;  and  the  term  of  office 
of  each  judge  shall  commence  on  the  first  day  of  January  next, 
after  his  election. 


26     IOWA,  ITS  STATE  AND  LOCAL  GOVERNMENT 


110 


111 


113 


113 


114 


115 


Sec.  12,  The  General  Assembly  sliall  provide,  by  law,  for 
tlie  election  of  an  Attorney  General  by  the  people,  whose  term 
of  office  shall  be  two  years  and  until  his  successor  shall  have 
been  elected  and  qualified. 

l^Sec.  13.  The  qualified  electors  of  each  Judicial  District  shall, 
at  the  time  of  the  election  of  District  Judge,  elect  a  District  At- 
torney, who  shall  he  a  resident  of  the  district  for  which  he  is 
elected,  and  irho  shall  hold  his  office  for  the  term  of  four  years 
and  until  his  successor  shall  have  hecn  elected  and  qualified.'\ 

[The  foregoing  section  was  stricken  out  and  the  following  sub- 
stituted therefor  at  the  general  election  in  ISS^.'l 

[Sec.  13.]  The  qualified  electors  of  each  county  shall,  at 
the  general  election  in  the  year  1886,  and  every  two  years 
thereafter,  elect  a  county  attorney,  who  shall  be  a  resident  of 
the  county  for  which  he  is  elected,  and  shall  hold  his  oflice  for 
two  years  and  until  his  successor  shall  have  been  elected  and 
qualified. 

[The  foregoing  section  was  adopted  as  a  substitute  for  the 
original  section  at  the  general  election  in  1884.] 

Sec.  14.  It  shall  be  the  duty  of  the  General  Assembly  to 
provide  for  the  carrying  into  effect  of  this  article,  and  to  pro- 
vide for  a  general  system  of  practice  in  all  the  courts  of  this 
State. 

[Amendment.]  The  grand  jury  may  consist  of  any  number 
of  members,  not  less  than  five  nor  more  than  fifteen,  as  the 
General  Assembly  may  by  law  provide,  or  the  General  Assem- 
bly may  provide  for  holding  persons  to  answer  for  any  criminal 
offense  without  the  interference  of  a  grand  jury. 

[The  foregoing  amendment  was  adopted  at  the  general  elec- 
tion in  1884.] 

Article   VI.   Militia 

Section  1.  The  militia  of  this  State  shall  be  composed  of  all 
able-bodied  {white]  male  citizens  between  the  ages  of  eighteen 


CONSTITUTION  OF  IOWA 


27 


116 


117 


118 


119 


120 


and  forty-five  years,  except  sucli  as  are,  or  may  hereafter  be, 
exempt  by  the  laws  of  the  Tnited  States  or  of  this  State,  and 
shall  be  armed,  equipped,  and  trained  as  the  General  Assem- 
bly may  provide  by  law. 

{Amended  by  strikinr;  out  the  woi-d  "  tchite"  at  the  general 
election  in  1S6S.] 

Sec.  2.  No  person  or  persons  conscientiously  scrupulous  of 
bearing  arms  shall  be  compelled  to  do  military  duty  in  time  of 
peace  ;  provided,  that  such  person  or  persons  shall  pay  an 
equivalent  for  such  exemption  in  the  same  manner  as  other 
citizens. 

Sec.  3.  All  commissioned  officers  of  the  militia  (staff  officers 
excepted)  shall  be  elected  by  the  persons  liable  to  perform 
military  duty,  and  shall  be  commissioned  by  the  Governor. 

Article  VII.   State  Debts 

Section  1.  The  credit  of  the  State  shall  not,  in  any  manner, 
be  given  or  loaned  to,  or  in  aid  of,  any  individual,  association, 
or  corporation  ;  and  the  State  shall  never  assume,  or  become 
responsible  for,  the  debts  or  liabilities  of  any  individual,  asso- 
ciation, or  corporation,  unless  incurred  in  time  of  war  for  the 
benefit  of  the  State. 

Sec.  2.  The  State  may  contract  debts  to  supply  casual  defi- 
cits or  failures  in  revenues,  or  to  meet  expenses  not  otherwise 
provided  for  ;  but  the  aggregate  amount  of  such  debts,  direct 
and  contingent,  whether  contracted  by  virtue  of  one  or  more 
acts  of  the  General  Assembly,  or  at  different  periods  of  time, 
shall  never  exceed  the  sum  of  two  hundred  and  fifty  thousand 
dollars  ;  and  the  money  arising  from  the  creation  of  such 
debts  shall  be  applied  to  the  purpose  for  which  it  was  obtained, 
or  to  repay  the  debts  so  contracted,  and  to  no  other  purpose 
whatever. 

Sec.  3.  All  losses  to  the  permanent,  School,  or  University 
fund  of  this   State  which  shall  have  been  occasioned  bv  the 


28     IOWA,  ITS  STATE  AND  LOCAL  GOVERNMENT 


121 


132 


123 


defalcation,  mismanagement,  or  fraud  of  the  agents  or  ofBcers 
controlling  and  managing  the  same,  shall  be  audited  by  the 
proper  authorities  of  the  State.  The  amount  so  audited  shall 
be  a  permanent  funded  debt  against  the  State,  in  favor  of  the 
respective  fund  sustaining  the  loss,  upon  which  not  less  than 
six  per  cent,  annual  interest  shall  be  paid.  The  amount  of 
liability  so  created  shall  not  be  counted  as  a  part  of  the  in- 
debtedness authorized  by  the  second  section  of  this  article. 

Sec.  4.  In  addition  to  the  above  limited  power  to  contract 
debts,  the  State  may  contract  debts  to  repel  invasion,  suppress 
insurrection,  or  defend  the  State  in  war  ;  but  the  money  aris- 
ing from  the  debts  so  contracted  shall  be  applied  to  the  pur- 
pose for  which  it  was  raised,  or  to  repay  such  debts,  and  to  no 
other  purpose  whatever. 

Sec.  5.  Except  the  debts  hereinbefore  specified  in  this 
article,  no  debt  shall  be  hereafter  contracted  by  or  on  behalf 
of  this  State,  unless  such  debt  shall  be  authorized  by  some  law 
for  some  single  work  or  object,  to  be  distinctly  specified  therein  ; 
and  such  law  shall  impose  and  provide  for  the  collection  of  a 
direct  annual  tax,  sufficient  to  pay  the  interest  on  such  debt, 
as  it  falls  due,  and  also  to  pay  and  discharge  the  principal  of 
such  debt,  within  twenty  years  from  the  time  of  contracting 
thereof  ;  but  no  such  law  shall  take  effect  until  at  a  general 
•election  it  shall  have  been  submitted  to  the  people,  and  have 
received  a  majority  of  all  the  votes  cast  for  and  against  it  at 
such  election  ;  and  all  money  raised  by  authority  of  such  law 
shall  be  applied  only  to  the  specific  object  therein  stated,  or  to 
the  payment  of  the  debt  created  thereby  ;  and  such  law  shall 
be  published  in  at  least  one  newspaper  in  each  county,  if  one 
is  published  therein,  throughout  the  State,  for  three  months 
preceding  the  election  at  which  it  is  submitted  to  the  people. 

Sec.  6.  The  Legislature  may,  at  any  time  after  the  approval 
of  such  law  by  the  people,  if  no  debt  shall  have  been  contracted 
in  pursuance  thereof,  repeal  the  same  ;  and  may,  at  any  time, 


CONSTITUTION  OF  IOWA 


29 


134 


125 

136 
137 

138 
139 


130 


forl)id  tlie  contracting  of  any  furtlior  <l(il)t,  or  liability,  untler 
such  law;  but  the  tax  imposed  by  such  law,  in  proportion  to 
the  debt  or  liability,  which  may  have  been  contracted  in  pur- 
suance thereof,  shall  remain  in  force  and  be  irr(!j)ealable,  and 
be  annually  collected,  until  the  principal  and  interest  are  fully 
paid. 

Sec.  7.  Every  law  which  imposes,  continues,  or  revives  a 
tax  shall  distinctly  state  the  tax,  and  the  object  to  which  it  is 
to  be  applied  ;  and  it  shall  not  be  sufficient  to  refer  to  any 
other  law  to  fix  such  tax  or  object. 

Article  VIII.     Corporations 

Section  1.  No  corporation  shall  be  created  by  special  laws  ; 
but  the  General  Assembly  shall  jjrovide,  by  general  laws,  for 
the  organization  of  all  corporations  hereafter  to  be  created,  ex- 
cept as  hereinafter  provided. 

Sec.  2.  The  psoperty  of  all  corporations  for  pecuniary  profit 
shall  be  subject  to  taxation,  the  same  as  that  of  individuals. 

Sec.  3.  The  State  shall  not  become  a  stockholder  in  any  cor- 
poration; nor  shall  it  assume  or  pay  the  debt  or  liability  of  any 
corporation  unless  incurred  in  time  of  war  for  the  benefit  of 
the  State. 

Sec.  4.  No  political  or  municipal  corporation  shall  become 
a  stockholder  in  any  banking  corj^oration,  directly  or  in- 
directly. 

Sec.  5.  No  act  of  the  General  Assembly,  authorizing  or 
creating  corporations  or  associations  with  banking  powers,  nor 
amendments  thereto,  shall  take  effect,  or  in  any  manner  be  in 
force,  until  the  same  shall  have  been  submitted,  separateh',  to 
the  people,  at  a  general  or  special  election,  as  provided  by  law, 
to  be  held  not  less  than  three  months  after  the  passage  of  the 
act,  and  shall  have  been  approved  by  a  majority  of  all  the 
electors  voting  for  and  against  it  at  such  election. 

Sec.  6.  Subject  to  the  provisions  of  the  foregoing  section. 


30     IOWA,  ITS  STATE  AKB  LOCAL   GOVERNMENT 


131 


133 


133 


134 
135 
136 


tLe  General  Assembly  may  also  provide  for  the  establisliment 
of  a  State  Bank  witli  branclies. 

Sec.  7.  If  a  State  Bank  be  establislied,  it  shall  be  founded 
on  an  actual  specie  basis,  and  the  branches  shall  be  mutually 
responsible  for  each  other's  liabilities  iipon  all  notes,  bills,  and 
other  issues  intended  for  circulation  as  money. 

Sec.  8.  If  a  general  Banking  law  shall  be  enacted,  it  shall 
provide  for  the  registry  and  countersigning,  by  an  officer  of 
State,  of  all  bills,  or  paper  credit  designed  to  circulate  as 
money,  and  require  security  to  the  full  amount  thereof,  to  be 
deposited  with  the  State  Treasurer,  in  United  States  stocks,  or 
in  interest  paying  stocks  of  States  in  good  credit  and  standing, 
to  be  rated  at  ten  per  cent,  below  their  average  value  in  the 
city  of  New  York,  for  the  thirty  days  next  preceding  their 
deposit ;  and  in  case  of  a  depreciation  of  any  portion  of  said 
stocks,  to  the  amount  of  ten  per  cent,  on  the  dollar,  the  bank 
or  banks  owning  such  stocks  shall  be  required  to  make  up  said 
deficiency  l^y  depositing  additional  stocks  ;  and  said  law  shall 
also  provide  for  the  recording  of  the  names  of  all  stockholders 
in  such  corporations,  the  amount  of  stock  held  by  each,  the 
time  of  any  transfer,  and  to  whom. 

Sec.  9.  Every  stockholder  in  a  banking  corporation  or  insti- 
tution shall  be  individually  responsible  and  liable  to  its  credi- 
tors, over  and  above  the  amount  of  stock  by  him  or  her  held, 
to  an  amount  equal  to  his  or  her  respective  shares  so  held,  for 
all  of  its  liabilities  accruing  while  he  or  she  remains  such 
stockholder. 

Sec.  10.  In  case  of  the  insolvency  of  any  banking  institution, 
the  bill-holders  shall  have  a  preference  over  its  other  creditors. 

Sec.  11.  The  suspension  of  specie  jjayments  by  banking  in- 
stitutions shall  never  be  permitted  or  sanctioned. 

Sec.  12.  Suljject  to  the  provisions  of  this  article,  the  General 
Assembly  shall  have  power  to  amend  or  rejieal  all  laws  for  the 
organization  or  creation  of  corporations,  or  granting  of  special 


137 


138 


139 


140 


141 


CONSTITUTION  OF  IOWA  31 

or  exclusive  privileges  or  iininunitins,  by  a  vote  of  two  thirds 
of  each  branch  of  the  General  Assembly  ;  and  no  exclusive 
privileges,  except  as  in  this  article  provided,  shall  ever  be 
granted. 

Article  IX,     Education  and  School  Lands 

1st.    Education 

[Sections  1  to  15  of  this  Article  created  a  Board  of  Education 
having  poioer  to  legislate  and  make  rides  in  relation  to  the 
schools  of  tlie  State,  hut  gave  the  OeneraZ  Assembly  power  to 
abolish  such  Board  after  the  year  1S63.  Undir  this  power  the 
Board  of  Bducation  was  abolished  by  legislative  enactment  in 
the  year  ISGJ/.,  and  the  sections  referred  to  are  here  omitted  as 
no  longer  of  practical  importance. 

2d.  ^School  Funds  and  School  Lands 

Section  1.  The  educational  and  school  funds  and  lands 
shall  be  under  the  control  and  management  of  the  General  As- 
sembly of  this  State. 

Sec.  3.  The  University  lands,  and  the  proceeds  thereof,  and 
all  moneys  belonging  to  said  fund  shall  be  a  permanent  fund 
for  the  sole  use  of  the  State  University,  The  interest  arising 
from  the  same  shall  be  annually  appropriated  for  the  support 
and  benefit  of  said  University. 

Sec.  3.  The  General  Assembly  shall  encourage,  by  all  suit- 
able means,  the  promotion  of  intellectual,  scientific,  moral,  and 
agricultural  improvement.  Tlie  proceeds  of  all  lands  that 
have  been,  or  hereafter  may  be,  granted  by  the  United  States 
to  this  State,  for  the  support  of  schools,  which  may  have  been 
or  shall  hereafter  be  sold  or  disposed  of,  and  the  five  hun- 
dred thousand  acres  of  land  granted  to  the  new  States,  under 
an  act  of  Congress  distributing  the  proceeds  of  the  public 
lands  among  the  several  States  of  the  Union,  approved  in  the 


32     IOWA,  ITS  STATE  AND  LOCAL   GOVERNMENT 

year  of  our  Lord  one  tliousand  eiglit  liundred  and  forty-one, 
and  all  estates  of  deceased  persons  wlio  may  Lave  died  with- 
out leaving  a  will  or  lieir,  and  also  sucli  per  cent,  as  lias  been 
or  may  hereafter  be  granted  by  Congress,  on  the  sale  of  lands 
in  this  State,  shall  be  and  remain  a  perpetual  fund,  the  in- 
terest of  which,  together  with  all  rents  of  the  unsold  lands, 
and  such  other  means  as  the  General  Assembly  may  provide, 
shall  be  inviolably  appropriated  to  the  support  of  common 
schools  throughout  the  State. 

14:3  Sec.  4.  The  money  which  may  have  been  or  shall  be  paid 
by  persons  as  an  equivalent  for  exemption  from  military  duty, 
and  the  clear  proceeds  of  all  fines  collected  in  the  several 
counties  for  any  breach  of  the  penal  laws,  shall  be  exclusively 
applied,  in  the  several  counties  in  which  such  money  is  paid, 
or  fine  collected,  among  the  several  school  districts  of  said 
counties,  in  proportion  to  the  number  of  youths  subject  to 
enumeration  in  such  districts,  to  the  support  of  common 
schools,  or  the  establishment  of  libraries,  as  the  Board  of 
Education  shall  from  time  to  time  provide. 

14:3  ^^C-  5.  The  General  Assembly  shall  take  measures  for  the 
protection,  improvement,  or  other  disposition  of  such  lands  as 
have  been  or  may  hereafter  be  reserved  or  granted  by  the 
United  States,  or  any  person  or  persons,  to  this  State,  for  the 
use  of  the  University  and  the  funds  accruing  from  the  rents 
or  sale  of  such  lands,  or  from  any  other  source  for  the  pur- 
pose aforesaid,  shall  be  and  remain  a  permanent  fund,  the 
interest  of  which  shall  be  applied  to  the  support  of  said  Uni- 
versity, for  the  promotion  of  literature,  the  arts  and  sciences, 
as  may  be  authorized  by  the  terms  of  such  grant.  And  it 
shall  be  the  duty  of  the  General  Assembly  as  soon  as  may  be 
to  provide  effectual  means  for  the  improvement  and  perma- 
nent security  of  the  funds  of  said  University. 

1  4-4.  Sec.  G.  The  financial  agents  of  the  school  funds  shall  be 
the   same  that,    by   law,  receive   and  control    the   State   and 


145 


146 


147 


148 


CONSTITUTION  OF  IOWA  33 

county  revenue  for  other  civil  purposes,  under  such  regula- 
tions as  may  be  provided  by  law. 

Sec.  7.  The  money  subject  to  the  support  and  maintenance 
of  common  schools  shall  be  distributed  to  the  districts  in  pro- 
portion to  the  number  of  youths  between  the  ages  of  five  and 
twenty-oue  years,  in  such  manner  as  may  be  provided  by  the 
General  Assembly. 

Article  X.     Amendments  to  the  Constitution 

Section  1.  Any  amendment  or  amendments  to  this  Constitu- 
tion may  be  proposed  in  either  House  of  the  General  Assem- 
bly ;  and  if  the  same  shall  be  agreed  to  by  a  majority  of  the 
members  elected  to  each  of  the  two  Houses,  such  proposed 
amendment  shall  be  entered  on  their  journals,  with  the  yeas 
and  nays  taken  thereon,  and  referred  to  the  Legislature  to  be 
chosen  at  the  next  general  election,  and  shall  be  published,  as 
provided  by  law,  for  three  months  previous  to  the  time  of 
making  such  choice  ;  and  if,  in  the  General  Assembly  so  next 
chosen  as  aforesaid,  such  proposed  amendment  or  amendments 
shall  be  agreed  to  by  a  majority  of  all  the  members  elected 
to  each  House,  then  it  shall  be  the  duty  of  the  General  As- 
sembly to  submit  such  proposed  amendment  or  amendments 
to  the  people,  in  such  manner  and  at  such  time  as  the  Gen- 
eral Assembly  shall  provide;  and  if  the  people  shall  approve 
and  ratify  such  amendment  or  amendments,  by  a  majority  of 
the  electors  qualified  to  vote  for  members  of  the  General 
Assembly  voting  thereon,  such  amendment  or  amendments 
shall  become  a  part  of  the  Constitution  of  this  State. 

Sec.  2.  If  two  or  more  amendments  shall  be  submitted  at 
the  same  time,  they  shall  be  submitted  in  such  manner  that 
the  electors  shall  vote  for  or  against  each  of  such  amendments 
separately. 

Sec.  3.  At  the  general  election  to  be  held  in  the  year  one 
thousand  eight  hiindred  and  seventy,  and   in  each  tenth  year 


34     IOWA,  ITS  STATE  AND  lOCAL   GOVERNMENT 


thereafter,  and  also  at  such  times  as  the  General  Assembly 
may,  by  law,  provide,  the  question,  "Shall  there  be  a  Con- 
vention to  revise  the  Constitution,  and  amend  the  same?" 
shall  be  decided  by  the  electors  qualified  to  vote  for  members 
of  the  General  Assembly  ;  and  in  case  a  majority  of  the 
electors  so  qualified,  voting  at  such  election  for  and  against 
such  proposition,  shall  decide  in  favor  of  a  convention  for  such 
purpose,  the  General  Assembly,  at  its  next  session,  shall  pro- 
vide by  law  for  the  election  of  delegates  to  such  Convention. 


149 


150 


151 


153 
153 


Article  XL     Miscellaneous 

Section  1.  The  jurisdiction  of  Justices  of  the  Peace  shall 
extend  to  all  civil  cases  (except  cases  in  chancery  and  cases 
where  the  question  of  title  to  real  estate  may  arise)  where  the 
amount  in  controversy  does  not  exceed  one  hundred  dollars, 
and  by  the  consent  of  parties  may  be  extended  to  any  amount 
not  exceeding  three  hundred  dollars. 

Sec.  2.  No  new  county  shall  be  hereafter  created  containing 
less  than  four  hundred  and  thirty-two  square  miles  ;  nor  shall 
the  territory  of  any  organized  county  be  reduced  below  that 
area  ;  except  the  County  of  Worth,  and  the  counties  west  of 
it,  along  the  Northern  boundary  of  this  State,  may  be  organized 
without  additional  territory. 

Sec.  3.  No  county,  or  other  political  or  municipal  corpora- 
tion, shall  be  allowed  to  become  indebted  in  any  manner  or 
for  any  purpose  to  an  amount,  in  the  aggregate,  exceeding 
five  per  centum  on  the  value  of  the  taxable  property  within 
such  county  or  corporation — to  be  ascertained  by  the  last  State 
and  county  tax  lists,  previous  to  the  incurring  of  such  in- 
debtedness. 

Sec.  4.  The  boundaries  of  the  State  may  be  enlarged,  with 
the  consent  of  Congress  and  the  General  Assembly. 

Sec.  5.  Every  person  elected  or  appointed  to  any  office  shall, 
before  entering  upon  the  duties  thereof,  take  an  oath  or  affir- 


154 


155 


156 


157 


158 


159 


CONSTITUTION  OF  IOWA  35 

mation  to  support  the  Constitution  of  the  United  States,  and 
of  this  State,  and  also  an  oath  of  office. 

Sec.  6.  In  all  cases  of  elections  to  fill  vacancies  in  office, 
occurring  before  the  expiration  of  a  full  term,  the  person  so 
elected  shall  hold  for  the  residue  of  the  unexpired  term  ;  and 
all  persons  appointed  to  fill  vacancies  in  office  shall  hold  until 
the  next  general  election  and  until  their  successors  are  elected 
and  qualified. 

Sec.  7.  The  General  Assembly  shall  not  locate  any  of  the 
public  lands  whicb  have  been  or  may  be  granted  by  Congress 
to  this  State,  and  the  location  of  which  may  be  given  to  the 
General  Assembly,  upon  lands  actually  settled,  without  the 
consent  of  the  occupant.  The  extent  of  the  claim  of  such 
occupant,  so  exempted,  shall  not  exceed  three  hundred  and 
twenty  acres. 

Sec.  8.  The  seat  of  government  is  hereby  permanently  estab- 
lished, as  now  fixed  by  law,  at  the  city  of  Des  Moines,  in  the 
County  of  Polk  ;  and  the  State  University  at  Iowa  City,  in  the 
County  of  Johnson. 

Article  XII.     Schedule 

Section  1.  This  Constitution  shall  be  the  supreme  law  of 
the  State,  and  any  law  inconsistent  therewith  shall  be  void. 
The  General  Assembly  shall  pass  all  laws  necessary  to  carry 
this  Constitution  into  effect. 

Sec.  2.  All  laws  now  in  force  and  not  inconsistent  with  this 
Constitution  shall  remain  in  force  until  they  shall  expire  or 
be  repealed. 

{^The  remaining  sections  prescribing  when  and  how  the  Consti- 
tution shall  go  into  effect,  the  time  of  holding  the  first  election 
thereunder,  and  other  similar  provisions,  having  served  their 
temporary  purpose,  are  here  omiiied.] 


36     IOWA,  ITS  STATE  AND  LOCAL   GOVERNMENT 


CHAPTER   II 

IOWA     IN     HI  STORY 

1.  Discovery.  (1673) — Prior  to  tli-e  year  1673, 
that  portion  of  the  United  States  embracing  the  present 
State  of  Iowa  was  wholly  unknown  to  the  civilized 
world.  At  that  date  the  hardy  French  explorers,  Joliet 
and  Marquette,  witli  five  followers,  made  their  way  in 
birch  canoes  from  Green  Bay  up  the  Fox  River,  and 
tlience  down  the  Wisconsin  River  to  its  junction  with 
the  Mississippi.  Turning  their  frail  craft  southward, 
these  brave  men  followed  the  course  of  the  great  un- 
known stream  as  far  as  the  mouth  of  the  Arkansas,  and 
thus  revealed  to  civilized  man  the  beauty  and  promise  of 
the  northwest. 

2.  Claimed  by  France — By  virtue  of  these  discov- 
eries, all  the  western  half  of  the  great  Mississippi  Yalley 
was  claimed  by  France  as  a  part  of  her  domain ;  but, 
so  far  as  history  discloses,  Iowa  thereafter  remained 
unvisited  by  white  men  for  more  than  a  century. 

3.  Ceded  to  Spain.  (1763) — In  the  year  1763. 
France,  being  engaged  in  war  with  England,  and  find- 
ing it  difiicult  to  defend  her  foreign  provinces,  ceded  all 
her  possessions  in  the  Mississippi  Valley  to  Spain. 

4.  Retransferred  to  France.  (1800) — This  ar- 
rangement proved  to  be  temporary  only,  and  in  the 
year  1800  Spain  restored  the  province  to  its  original 
owner,  France. 

5.  Ceded  to  the  United  States.  (1803) — France, 
being  involved  in  the  desperate  struggles  which  accom- 


IOWA  IN  HISTORY  37 

panied  the  rise  of  Napoleon,  foniul  it  expedient  to  part 
witli  the  possession  of  the  territory  thus  regained,  and 
in  1803  sold  it  to  the  United  States  for  a  comparatively 
insignificant  sum  of  money. 

6.  Attached  to  Iiuliaiu).    (1804) — In  the  following- 
year  the  so-called  Louisiana  Purchase  was  divided    in"^   ~  ^ 
two  parts,  the  northern  portion  (including  what  is  now 
Iowa)  being  called   the  District   of  Louisiana,  and,  for 

the  temporary  purposes  of  govei-nment,  placed  under 
the  iui'isdiction  of  the  Territory  of  Indiana,  y 

7.  Made    Part    of  Mit«w«*i-  Territory.     (1805) —    /  ^<« 
One  year  later  the  District  of  Louisiana  was  given   a  ^^' 
territorial  government  of  its  own,  and  in  the  year  1812  '^^^r      * 
its  name  was  changed  to  Territory  of  ]\Iissouri. 

8.  Attached    to    Michigan.     (183-4) — In    the  year  '<^ 
1834,  all  that  part  of  the   United   States  north  of  the 

State  of.  Missouri  and  west  of  the  Mississippi  was  at- 
tached to  the  Territory  of  Michigan,  under  which  juris-      •  ^ 
diction  it  remained  but  two  years.  ^.       SJila-^^U- 

9.  Made  Part  of  Wisconsin.  (183G; — In  1836, 
after  the  admission  of  Michigan  into  the  Union  as  a 
State,  all  that  region  now  included  in  the  States  of  Wis- 
consin, Iowa,  Minnesota,  and  part  of  the  Dakotas,  was 
organized  into  a  new  Territory  under  the  name  of  Wis- 
consin. 

10.  Made  an  Independent  Territory.  (1838) — 
Two  years  later,  July  3,  1838,  all  that  j)art  of  the  then 
Territory  of  Wisconsin  lying  west  of  the  Mississippi 
River  was  erected  into  an  independent  Territory  under 
the  name  of  Iowa. 

11.  Admitted  to  the  Union.  (1846) — Having  rap- 
idly increased  in  population,  the  Territory  applied  for 
admission  to  the  Union ;   and,  after  considerable  contro- 

321117 


CtjU. 

I 


/ 


38     IOWA,  ITS  STATE  AND  LOCAL   GOVERNMENT 

versj  as  to  tlie  boundaries  of  the  proposed  State,  its 
admission  was  perfected  December  28,  1846.  The 
boundaries  of  the  State,  as  finally  settled,  will  be  found 
described  in  the  preamble  of  the  Constitution  (2), 


CHAPTER   III 

DEVELOPMENT    OF    THE    CONSTITUTION 

1.  State  Constitutions  not  Uniform — While  all 
States  conform  to  the  general  requirements  of  a  repub- 
lican form  of  government,  they  differ  widely  in  the 
management  and  administration  of  public  affairs.  For 
example,  every  State  has  its  governor  and  other  execu- 
tive officers,  but  in  no  two  States  do  these  officers  exer- 
cise exactly  the  same  powers  or  perform  exactly  the 
same  duties;  all  States  have  legislatures,  but  each  State, 
by  its  constitution,  has  placed  its  own  j)ecnliar  limita- 
tions and  restrictions  upon  the  legislative  power ;  and, 
while  all  have  judicial  systems,  in  no  two  States  are  the 
courts  arranged  npon  the  same  plan  or  given  precisely 
the  same  jurisdiction. 

2,  Varieties  of  Local  Government — So,  also,  there 
is  great  lack  of  uniformity  in  the  method  by  which  the 
various  States  provide  for  local,  or  neighborhood  gov- 
ernment. In  the  New  England  States,  local  government 
is  exercised  almost  exclusively  by  the  voters  of  the 
several  towns  or  townships  assembled  in  annual  mass-  or 
town-meetings;  while  in  the  Southern  States  township 
government  is  nnknown.  Again,  in  some  States  county 
government  is  vested  in  a  board  of  supervisors  having 
many  members,  organized  and  acting  with  much  of  the 


DEVELOPMENT  OF  THE  CONSTITUTION  30 

formality  of  liiglier  Ici^nslativc  bodies,  while  in  others  it 
is  entrusted  to  a  board  of  three  commissioners,  and  in 
still  others  to  a  sinji;l.e  county  judge.  Tliese  arc  but  a 
few  of  the  many  features  of  variance  between  the  state 
governments,  but  they  are  sufficient  to  illustrate  the 
point  made  in  the  following  ])aragraphs. 

3.  Early  Settlement — No  permanent  white  settle- 
ment having  been  effected  in  Iowa  until  about  the  year 
1833,  the  nations  and  the  territorial  governments  exer- 
cising nominal  sway  over  it  prior  to  that  time'  have  left 
none  of  their  peculiarities  impressed  upon  its  constitu- 
tion or  laws.  After  1833,  settlement  was  rapidly  aug- 
mented by  immigration  from  nearly  every  State  in  the 
Union ;  but  among  these  pioneers,  the  natives  of  New 
England,  the  Middle  States,  and  Kentucky  largely  pre- 
dominated. 

4.  Their  Influence — These  founders  and  builders  of 
the  commonwealth,  coming,  as  we  have  seen,  from 
widely  separated  States  diifering  in  constitutions,  laws, 
and  customs,  were  naturally  inclined  to  model  the  new 
State  and  its  institutions  upon  those  under  which  they 
had  been  reared,  with  the  result  that  the  Iowa  system  is 
in  many  respects  a  conglomerate  of  features  and  princi- 
ples borrowed  from  many  sources,  with  such  modifica- 
tions and  additions  as  the  peculiarities  of  the  situation 
seemed  to  render  expedient. 

5.  Value  of  the  Work  Accomplished — This  fact 
does  not  detract  anything  frc  m  the  credit  due  to  those 
who  performed  this  important  work.  A  constitution, 
law,  or  system  made  by  judicious  selection  from  others 
which  have  been  put  to  the  test  of  actual  experiment 
may  easily  be  an  improvement  upon  all  its  models;  and 
now,  after  fifty  years  of  statehood,  Iowa  stands  second 


40     IOWA,  ITS  STATE  AND  LOCAL   GOVERNMENT 

to  none  in  tlie  efficiency  and  success  of  her  government, 
or  in  the  contentment  and  prosperity  of  her  people. 

CHAPTER  IV 

RELATION    OF    THE    STATE    AND    NATION 

1.  The  General  Government — It  is  assumed  that 
tlie  student  entering  upon  tlie  study  of  these  cliapters 
lias  already  made  himself  famihar  with  the  principles  of 
the  government  of  the  United  States,  as  taught  in 
Young's  "Government  Class-l)Ook."  If  so,  he  has 
learned  that  the  Federal  Constitution  is  a  written  charter 
setting  forth  the  authority  conferred  upon  the  general 
government  by  the  people.  The  nation  has  no  rightful 
power,  and  can  exercise  no  rightful  authority  of  any 
kind,  for  which  there  is  not  express  or  imj)lied  warrant 
in  the  national  Constitution. 

2.  The  State  Government — Tlie  office  of  a  State 
constitution  is  different.  It  does  not  undertake  so  much 
to  provide  what  tlie  State  government  may  do,  as  to 
enumerate  the  things  which  it  may  not  _do,  and  the 
rights  of  the  people  which  it  may  not  limit  or  destroy. 

3.  Difference  in  Legislative  Power — In  legisla- 
tive, or  law-making  power  the  difference  between 
State  and  nation  may  be  stated  thus :  the  Coiigress__of 
the  United  States  can  enact  only  such  laws  as  are  ex- 
pressly or  impliedly  authorized  l)y  the  national  Constitu- 
tion, while  the  State  legislature  can  enact  any  law  which 
is  not  expressly  or  implied]y_forbidden  by  the  national  or 
State  constitution.  In  other  words,  the  nation  can  exer- 
cise only  such  powers  as  have  been  granted  to  it  by  the 
people,  while  the  State  may  exercise  all  powers  not  with- 


CONSTITUTION  AWED  BY  STATUTES  41 

held  or  forbidden  by  the  people.  A  little  reflection  will 
make  ])lain  this  very  wide  distinction  between  national 
and  State  jurisdiction. 

4.  National  Suiireniacy — In  considering  the  great 
power  exercised  by  the  several  States,  the  student  should 
avoid  the  mistake  of  undervaluing  the  authority  of  the 
general  government.  AVithin  the  limit  of  its  constitu- 
tional powers,  it  is  su[)reme  over  all  the  States.  It  is  the 
embodiment  of  national  authority  as  distinguished  from 
the  local  self-government  of  the  several  States.  Through 
it  alone  we  deal  with  foreign  [towers ;  by  it  we  are  known 
to  the  world  as  one  great  nation,  and,  in  so  far  as  the 
national  integrity,  safety,  and  credit  are  concerned,  its 
claim  to  the  allegiance  and  obedience  of  every  citizen 
cannot  be  rightfully  questioned. 

5.  State  Supremacy — The  national  government  does 
not,  however,  undertake  to  protect  the  lives,  persons,  or 
property  of  the  citizens  of  the  several  States,  except 
against  foreign  invasion  and  domestic  insurrection.  This 
duty  and  all  others  of  a  local  character,  the  regulation 
of  all  commerce  within  the  State,  the  preservation  of 
pul)lic  peace  and  order,  and  numberless  other  subjects  of 
legislation  which  most  nearly  touch  the  people  in  their 
every-day  lives,  are  left  to  tlie  States  exclusively. 

CHAPTER  V 

CONSTITUTION    AIDED    BY    STATUTES 

1.  Constitution  an  Outline — It  will  be  noticed  by 
the  careful  reader  that  in  most  respects  the  Constitution 
is  a  mere  outline  or  statement  of  general  rules  and  prin- 
ciples, and  makes  little  if  any  attempt  to  prescribe  the 


42     IOWA,  ITS  STATE  AND  LOCAL   GOVERNMENT 

details  of  government,  or  give  miimte  directions  as  to 
the  administration  of  public  affairs.  These  things  have 
been  wisely  left  to  the  legislature  to  regulate  by  appro- 
priate laws,  as  changing  circumstances  may,  from  time  to 
time,  render  expedient. 

2.  Statutes  Enacted — The  legislature  has,  therefore, 
enacted  many  laws  to  make  effectual  the  various  provi- 
sions of  the  Constitution.  In  the  succeeding  chapters  of 
this  volume  will  be  set  forth  in  bi'ief  form,  under  appro- 
priate heads,  not  only  the  constitutional  outline  above 
mentioned,  but  legislative  enactments  as  well,  so  far  as 
the  same  may  be  necessary  to  an  intelligent  understand- 
ing of  our  State  and  local  government. 

3.  Explanatory — The  name  applied  by  the  Constitu- 
tion to  the  legislative  or  law-making  branch  of  the  State 
government  is  "The  General  Assembly  of  Iowa,"  but 
in  this  volume  we  shall  use  the  words  "  general  assem- 
bly "  and  "legislature"  interchangeably,  as  expressing 
the  same  idea.  By  the  word  "  statute"  is  meant  a  law 
enacted  by  the  legislature,  and  liable  to  amendment  or 
repeal  by  the  same  power.  It  is  understood,  of  course, 
that  a  constitutional  provision  cannot  be  amended  or 
modified  by  act  of  the  legislature. 

CHAPTER  Yl 

PERSONAL    EIGHTS 

1.  Article  I  of  the  Constitution — The  first  article 
of  the  Constitution,  commonly  known  as  the  Bill  of 
Kights,  is  a  declaration  of  certain  important  rights  and 
immunities  pertaining  to  the  people  individually  and 
collectively.     These  rights  are  thus  specially  mentioned 


PERSONAL  RIOHTS  43 

in  the  fundamental  la^y  of  tlie  State,  to  secure  tlicin 
against  unfrieiully  and  oppressive  legislation,  and  to  i^ro- 
tect  the  people  against  usurpation  and  tyranny  by  any 
branch  of  the  government. 

2.  Natural  llig'hts — Section  1  of  this  article  (3)  re- 
affirms the  rights  so  forcibly  asserted  in  the  Declaration 
of  Independence, — the  natnral  freedom  and  equality  of 
all  men ;  the  enjoyment  and  defense  of  liberty ;  the 
acquirement,  possession,  and  protection  of  property;  and 
the  unrestricted  pnrsuit  of  safety  and  happiness. 

3.  Siiimnary  of  all  Civil  Rijflits — It  may  well  be 
said  that  this  section  of  the  Constitution  summarizes  all 
the  most  sacred  rights  of  the  citizen,  and  that  the  declara- 
tions contained  in  the  remainder  of  Article  I  are  simply 
more  specitic  or  particular  statements  of  the  principles 
therein  embodied.  The  right  to  life,  liberty,  property, 
and  the  pursuit  of  happiness  is  so  plain  to  the  just  mind 
that  no  argument  can  inahe  it  clearer ;  yet  histoi-y  shows 
us  that  in  all  ages  of  the  world  men  have  been  compelled 
to  struggle  for  its  recognition,  and  to  endure  untold 
hardships  in  its  defense. 

4.  Nature  of  Government — The  next  section  (4) 
defines  the  true  nature  and  source  of  all  government, 
declaring  that  all  political  power  is  inherent  in  the  people, 
that  government  is  instituted  for  their  protection,  securi- 
ty, and  beneiit,  and  that  they  have  the  right  to  alter  or 
reform  it  w^henever,  in  their  judgment,  the  public  good 
requires  such  action. 

5.  Political  Power — The  term  "political  power," 
as  used  in  the  preceding  paragraph,  means  all  govern- 
mental power, — legislative,  executive,  and  judicial.  This 
power  cannot  be  rightfully  taken  from  the  ]ieople,  nor 
can  they,  by  a  voluntary  surrender  of  it,  deprive  them- 


44     IOWA,  ITS  STATE  AND  LOCAL   GOVERNMENT 

selves  of  the  right  to  alter  or  reform  the  government 
whenever  they  believe  just  cause  exists  for  such  change. 
They  may  by  voluntary  consent  delegate  the  administra- 
tion of  these  powers  to  a  government,  monarchical  or 
republican  as  the  case  may  be ;  but  whenever  the  dele- 
gated power  is  abused,  or  the  general  good  requires  a 
change  in  such  government,  the  people  may  resume  it, 
or  may  inaugurate  and  enforce  any  change  which  they 
think  for  their  own  best  intei-ests. 

6.  Monarchy  and  llepublic  Contrasted — The  rec- 
ognition of  this  principle  constitutes  the  essential  dis- 
tinction between  a  popular  and  a  monarchical  form  of 
government.  In  the  latter,  the  king  is  the  source  of  all 
power ;  he  is  the  sovereign ;  every  officer,  civil,  military, 
and  naval,  from  the  highest  to  the  lowest,  looks  to  that 
sovereign  as  the  ultimate  and  iinal  authority  which  com- 
mands his  allegiance  and  obedience.  In  a  republic,  every 
branch  of  the  government,  and  every  officer,  is  a  servant 
of  the  people.  In  nation  and  State  alike,  we  test  all 
laws  and  all  govermnental  powers  by  the  constitution ; 
but  the  constitution  is  itself  the  creature  of  the  peoj)le'8 
will. 

7.  Kule  of  the  Majority — When  we  say  that  the 
powers  of  the  government  depend  ujjon  the  consent  of 
the  governed,  it  must  be  remembered  that  the  consent 
of  the  people,  as  a  State  or  nation,  is  meant.  That  con- 
sent must  be  determined  by  the  voice  of  the  majority. 
Absolute  unanimity  can  iiever  be  expected, 

8.  Religious  Liberty — Religious  liberty  is  guaranteed 
to  every  citizen  of  the  State  (5  and  O).  The  legislature 
caimot  rightfully  enact  any  law  for  the  establishment  of 
religion.  No  taxes  can  be  levied  or  collected  for  church 
or  religions  purposes.     J^either  can  a  person's  religious 


PERSONAL  RIGHTS  45 

views  be  made  a  test  of  liis  ri<i^lit  to  liold  office,  or  liis 
riglit  to  exercise  or  enjoy  any  of  the  riglits  of  citizenship, 

9.  Propriety  of  these  Guarantees — It  may  seem 
strange  to  the  young  student  of  the  present  day  that  it 
should  be  thouglit  necessary  to  incorporate  these  guar- 
antees in  the  Constitution ;  but  it  is  not  long  since  that 
in  England  and  in  some  parts  of  our  own  country  a  man 
holding  certain  religious  views  was  prohibited  from  hold- 
ing office,  was  not  ])ermitted  to  testify  as  a  witness  in 
court,  and  in  many  other  respects  was  treated  as  an 
outlaw. 

10.  Penalty  for  Dueling — In  the  earlier  years  of 
the  present  century  the  practice  of  dueling  was  quite 
general.  Some  of  the  most  prominent  men  in  American 
history,  including  Alexander  Hamilton,  Aaron  Burr, 
Andrew  Jackson,  Henry  Clay,  and  Thomas  H.  Benton, 
yielded  to  the  custom  of  their  times,  and  participated  in 
these  murderous  combats.  "With  the  advance  of  Chris- 
tian civilization,  public  sentiment  lias  come  to  dis- 
countenance the  barbarous  practice,  and  it  is  now  rarely 
resorted  to.  To  prevent  such  crimes  in  this  State,  the 
Bill  of  Eights  (7)  provides  that  any  citizen  engaging  in 
a  duel,  either  as  principal  or  accessory,  forfeits  his  right 
to  hold  office. 

11.  Penalty  not  Exclusive — Disqualification  for 
office  is  not  the  only  penalty  to  which  the  duelist  subjects 
himself.  The  killing  of  a  person  in  such  contest  is  mur- 
der in  the  first  degree,  and  punishable  accordingly. 

12.  Laws  to  be  Uniform  (8) — All  laws  of  a  general 
nature  must  have  uniform  operation,  and  the  legis- 
lature nnist  not  grant  to  any  citizen  or  class  of  citizens 
privileges  or  immunities  which  are  not  o])en  to  the  en- 
joyment of  all  other  citizens  on  the  same  terms.      This 


46     IOWA,  ITS  STATE  AND  LOCAL   GOVERNMENT 

is  intended  to  prevent  unfair  discrimination  by  the  State 
between  individuals  or  classes,  to  prevent  the  establish- 
ment of  monopolies,  and  to  preserve,  as  far  as  possible, 
equality  of  right  and  equality  of  opportunity  to  all  the 
people. 

13.  Freeclom  of  Speech  and  Press — Within  proper 
limits,  every  person  jiiay  freely  speak,  write,  and  publish 
his  views  on  any  subject  (9),  This  does  not  give  any 
one  license  to  publish  immoral  or  obscene  literature,  nor 
to  falsely  accuse  another  of  crime,  or  hold  him  up  to 
public  hatred  and  contempt.  These  things  are  an  abuse 
of  the  freedom  which  the  Constitution  seeks  to  preserve. 

14.  Greater  Resti-ictiou  in  Other  Countries — 
Under  other  forms  of  government,  freedom  of  speech, 
and  more  especially  freedom  of  the  press,  is  restricted 
within  narrow  limits.  In  many  countries  all  books  and 
newspapers  are  subject  to  inspection  by  a  public  censor, 
without  whose  permission  no  publication  can  be  lawfully 
made. 

15.  Security  of  Person  and  Home — No  right  is 
more  highly  valued  by  the  freeman  than  the  right  to 
occupy  his  own  home,  secure  from  unnecessary,  imperti- 
nent, or  oppressive  interference  by  others.  It  is  an  old 
English  saying  that  "a  man's  house  is  his  castle,"  and 
the  principle  that  not  even  the  king  or  the  State  or  its 
officers  may  arbitrarily  disturb  his  domestic  privacy  is 
firmly  established  in  every  English-speaking  country  in 
the  world.  .  It  is,  therefore,  provided  (10)  that  before 
the  house  of  a  citizen  can  be  searched,  or  his  person, 
papers,  or  property  seized,  a  warrant  nnist  be  issued  for 
that  purpose,  upon  sworn  complaint,  showing  probable 
cause  for  such  action. 

lO.  Rig^hts  of  Persons  Charged  with  Crime — The 


PERSONAL  RIGHTS  47 

power  to  suppress  and  punisli  crime  is  a  necessary  at- 
tribute of  all  government.  It  is  equally  necessary  that 
the  exercise  of  this  power  be  guarded  against  abuse,  and 
that  no  person  be  sul)jected  to  the  ignominy  of  criminal 
punishment,  excoi)t  upon  fair  and  impartial  trial. 

17.  Jury  Trial — Every  person  charged  with  crime  is 
entitled  to  trial  by  a  jury  (11  and  12).  However  im- 
perfect the  jury  system  may  be,  the  experience  of  cen- 
turies has  firmly  established  it  in  the  affections  and  con- 
fidence of  the  people,  and  it  is  extremely  doubtful  if 
any  other  plan  could  be  devised  which  would  work  more 
satisfactorily  or  to  better  public  advantage. 

18.  Word  Defined — The  word  "jury,"  when  not 
otherwise  qualified,  means  a  body  of  twelve  men  duly 
selected  for  the  trial  of  a  question  of  fact,  in  a  court  of 
competent  jurisdiction.  A  jury  of  six  j^ersons  is  author- 
ized for  the  trial  of  petty  misdemeanors  before  justices 
of  the  peace;  but  every  person  so  convicted  may  ap- 
peal to  the  district  court,  and  thus  obtain  a  new  trial  be- 
fore a  full  jury  of  twelve. 

19.  Right  cannot  be  Waived — The  right  to  trial 
by  jury  is  so  imperative  that  even  where  an  accused 
person  has  voluntarily  waived  it,  and  consented  to  be 
tried^before  the  court,  withoivt  a  jury,  he  is  nojLbiiUnd 
by  it,  and  if  so  convicted  he  may  have  the  judgment  set 
aside,  and  be  granted  a  new  trial  in  the  usual  form. 

20.  Trial  to  be  Speedy  and  Public  (12) — One 
who  is  placed  under  arrest  on  cliarge  of  crime  must  not 
be  detained  an  unreasonable  time  witliout  a  hearing,  but 
must  be  given  a  speedy  and  public  trial.  He  must  also 
be  informed  of  the  precise  nature  of  the  charge  made 
against  him,  nnist  be  allowed  to  see  and  hear  the  wit- 
nesses who  testify  against  him,  nnist  be  given  means  to 


48     IOWA,  ITS  STATE  AND  LOCAL  OOVERNMBNT 

compel  the  attendance  of  witnesses  in  bis  own  belialf, 
and  be  permitted  to  have  the  assistance  of  counsel. 

21.  Petty  Misdemeanors  (13) — Offenses  against 
tlie  law  for  which  the  highest  punislnnent  does  not  ex- 
ceed a  fine  of  one  hundred  dollars,  or  thirty  days'  im- 
prisonment in  the  county  jail,  are  commonly  called 
"  petty  misdemeanors,"  and  are  tried  before  justices  of 
the  peace. 

22.  How  Tried — Such  proceedings  are  begun  by 
presenting  to  the  justice  of  the  peace  a  sworn  complaint 
called  an  "information,"  stating  the  facts  constituting 
the  alleged  offense.  Upon  this  information  a  warrant  is 
issued  for  the  arrest  of  the  accused,  who  is  thus  brought 
before  the  magistrate,  and  the  truth  of  the  charge  is 
tried  in  the  usual  way.  Cases  of  this  class  are  never 
tried  in  the  district  court  except  on  appeal. 

23.  Indictable  Offenses — ]S"o  person  can  be  brought 
to  trial  for  any  offense  of  a  higher  degree  than  those 
above  named,  except  upon  indictment  by  a  grand  jury. 
A  grand  jury  is  a  body  of  men  duly  summoned  to  attend 
the  district  court  in  each  county  to  inquire  into  indict- 
able offenses  against  the  laws  of  the  State,  and  to  deter- 
mine whether  any  person  charged  with  such  offense 
shall  be  put  on  trial.  •  An  indictment  is  simply  a  formal 
written  accusation  made  to  the  court  by  a  grand  jury, 
charging  some  particular  person  or  persons  with  the 
commission  of  a  crime,  and  stating  the  facts  constituting 
it.  The  district  court  alone  has  jurisdiction  to  try  this 
class  of  cases, 

24.  CanuQt  be  Twice  Tried  (14) — If  a  person 
charged  with  crime  is  once  tried  and  acquitted,  he  can- 
not be  again  put  on  ti-ial  for  the  same  offense.  This  rule 
sometimes  works  an  apparent  injustice  to  the  State,  for  it 


PERSONAL  BIGHTS  49 

may  easily  happen  that,  after  the  accused  has  been  ac- 
quitted, new  evidence  is  discovered  which  would  con- 
clusively establish  his  guilt.  It  is  thought  better,  how- 
ever, that  a  guilty  person  occasionally  thus  escape  just 
punishment  than  that  the  innocent  be  exposed  to  oppres- 
sion and  i)ersccutio)i  by  being  again  and  again  forced  to 
stand  trial  upon  the  same  cliarge, 

25.  Kij;lit  to  Bail  (14) — Except  wdien  charged 
with  a  capital  offense,  where  the  proof  is  evident  or  the 
presumption  is  great,  all  persons  have  the  right  to  l)ail 
until  they  have  been  duly  tried  and  convicted.  A  capital 
offense  is  one  which  is  punishable  by  death.  The  right 
to  bail  is  the  right  to  go  at  large  on  giving  proper  se- 
curity for  appearance  before  the  court  whenever  called 
upon  for  trial. 

26.  Habeas  Corpus — The  nature  of  the  writ  of 
habeas  corpus  has  already  been  explained  (Y.  C.  B., 
page  88).  It  is  justly  considered  the  most  efficient  pro- 
tection of  the  citizen  against  unlawful  imprisonment, 
and  is  not  to  be  suspended  or  denied  except  when,  by 
reason  of  rebellion  or  invasion,  the  pubHc  safety  may  re- 
quire it  (15). 

27.  Military  Subordinate  to  Civil  Power  (10,  17) 
— Sections  14  and  15  of  the  Bill  insure  the  people  of  the 
State  against  military  oppression.  Military  authority  is 
of  necessity  arbitrary,  and  military  officers,  being  accus- 
tomed to  command  and  having  the  power  to  enforce 
obedience  to  their  requisitions,  are  sometimes  betrayed 
into  disregard  of  private  right  and  contempt  of  the  civil 
law.  It  is,  therefore,  the  policy  of  all  republican  gov- 
ernments to  jjrovide  strong  safeguards  against  abuses  of 
this  nature. 

28.  Treason — Treason  is  the  highest  crime  known  to 


50     IOWA,  ITS  STATE  AND  LOCAL   GOVERNMENT 

the  law  (18).  It  consists  only  in  levying  war  against 
the  State,  adhering  to  its  enemies,  or  giving  them  aid  and 
comfort. 

Under  monarchical  governments,  almost  every  act  or 
word  which  could  be  construed  as  disrespectful  to  the 
sovereign  or  as  a  denial  of  his  right  to  rule  has  been  held 
to  be  treasonable  and  punislied  with  death.  Such  se- 
verity is  inconsistent  v/ith  our  free  institutions. 

29.  How  Established  (18) — No  person  can  be  con- 
victed of  treason  except  on  the  evidence  of  at  least  two 
witnesses  to  the  same  overt  act,  or  confession  in  open 
court. 

By  "overt  act "  is  meant  some  actual  effort  to  wage 
war  against  the  State  or  to  assist  its  enemies  in  time  of 
war — as  distinguished  from  disloyal  words  or  senti- 
ments. 

30.  Excessive  Bail,  etc. — The  Constitution  also  pro- 
vides against  oppression  by  the  courts  under  forms  of 
law,  and  to  that  end  forbids  (19)  the  requirement  of 
excessive  bail,  the  imposing  of  excessive  fines,  and  the 
infliction  of  cruel  and  unusual  punishments. 

31.  Taking-  Private  Property  for  Public  Use  (20) 
— Private  property  is  not  to  be  tak*en  for  public  use 
without  compensation.  It  often  becomes  necessary  to 
obtain  or  appropriate  the  property  of  the  private  citizen 
for  the  public  benefit.  For  instance,  ground  may  be 
needed  for  the  site  of  a  schoolhouse,  or  for  a  public 
highway,  or  other  similar  pubHc  purpose ;  and  in  such 
cases  the  rights  of  the  individual  owner  must  yield  to  the 
general  good, — but  not  until  proper  compensation  has 
been  made. 

32.  No  Iinprisoiiineiit  for  Debt  (21) — Tliere  can 
be  no  imj^risonment  for  debt  in  any  civil  action,  on  mesne 


PERSONAL  RIGHTS  51 

or  final  process,  unless  in  case  of  fraud  ;  nor  can  any  per- 
son be  imprisoned  for  non])ayment  of  a  militia  fine. 

33.  Words  Defined — The  word  "  action,"  as  nsed  in 
this  section  of  tlie  Constitution,  means  a  proceedin<r  or 
suit  at  law  for  the  collection  of  a  debt.  "Mesne  pro- 
cess," as  here  used,  is  a  writ  or  warrant  issued  in  such 
proceedinc;  or  suit  for  ihe  arrest  and  detention  of  the 
debtor  until  the  case  can  be  tried.  "  Final  process"  is 
a  writ  or  warrant  issued  after  the  case  is  tried,  to 
imprison  the  debtor  until  he  pays  or  performs  the  judg- 
ment rendered  against  him. 

34.  Right  of  Assembly  and  Petition  (22) — The 
people  may  at  all  times  meet  and  counsel  together  for 
the  connnon  good,  and  to  petition  the  proper  authorities 
for  the  redress  of  their  real  or  supposed  grievances. 

35.  Bills  of  Attainder  (23)— Following  the  example 
set  in  the  Constitution  of  the  United  States,  Iowa,  also, 
forbids  all  bills  of  attainder  and  ex  post  facto  laws.  (See 
Y.  C.  B.,  page  161.) 

36.  Rights  of  Foreigners  (24:) — Persons  of  foreign 
birth  residing  within  the  State  enjoy  the  same  property 
rights  as  native-born  citizens.  This  liberal  policy  has 
attracted  a  large  immigration  from  European  countries 
and  contributed  very  much  to  the  rapid  development  of 
the  State.  A  foreign-born  citizen  who  becomes  natural- 
ized under  our  laws  is  not  considered  an  alien  in  any 
sense,  and  enjoys  the  same  rights  of  citizenship  as  if 
native-born. 

37.  Slavery  Forbidden  (25) — Slavery  never  had 
legal  existence  in  Iowa,  but,  at  the  time  the  State  was 
organized,  the  ini-titution  was  strongly  entrenched  in  the 
South.  The  conflict  of  opinion  between  the  North  and 
South  over  the  extension  of  slavery  was  very  bitter,  and 


52     IOWA,  ITS  STATE  AND  LOCAL   GOVERNMENT 

the  application  of  a  new  State  for  admission  to  tlie  Union 
was  always  tlie  signal  for  heated  discussion  and  contro- 
versy. 

38.  Result  of  Compromise — In  the  year  1846,  both 
Iowa  and  Florida  were  seeking  admission  to  the  Union, 
In  the  former  antislavery  sentiment  prevailed,  while  the 
interests  and  sympathies  of  the  latter  were  with  the 
slave  States.  As  either  of  these  applications,  standing 
alone,  would  excite  great  opposition  from  those  holding 
contrary  views  upon  the  slavery  question,  a  compromise 
was  eifected  by  which  both  States  were  admitted  at  the 
same  time  and  by  the  same  bill  or  act  of  Congress — 
one  as  a  free  and  the  other  as  a  slave  State. 

39.  A  Monument  of  Honor — To  the  present  gener- 
ation, it  seems  an  anomaly  that  a  "  free  country  "  should 
deem  it  necessary  to  put  up  a  constitutional  barrier 
against  slavery,  but  to  those  familiar  with  the  prejudices 
and  passions  then  surrounding  this  subject  in  the  public 
mind,  the  constitutional  prohibition  of  human  bondage 
stands  as  a  monument  to  the  wisdom,  justice,  and  honor 
of  the  men  who  laid  the  foundation  of  our  State. 

40.  Leases  of  L-ands  (26) — Leases  of  agricultural 
lauds  for  terms  of  more  than  twenty  years  are  invalid. 

41.  Reasons  for  such  Restriction — Long  leases 
and  other  devices  by  which  the  ownership  of  lands  is 
perpetuated  indefinitely  in  the  same  family  or  line  of 
descent  tends  to  create  a  landed  aristocracy  and  thus  to 
weaken  and  endanger  repul)lican  institutions.  They  also 
serve  to  prevent  the  division  and  sale  of  lands  and 
thereby  lessen  the  number  of  citizens  who  own  and 
control  their  own  homes. 


RiailT  OF  SUFFRAGE  53 

CHAPTER  YII 

EIGHT    OF    SUFFRAGE 

1.  Its  Importance — The  riglit  to  vote  is  the  most 
sacred  and  valuable  i)rivilege  which  can  be  conferred 
npon  the  citizen.  It  is  therefore  highly  proper  that  the 
Constitution  should  define  such  privilege  in  clear  terms 
and  guard  it  so  far  as  ])ossible  from  abuse  and  destruction. 

2.  Qualification  lor  SuflVago  (30) — The  right  to 
vote  depends  upou  the  following  qualifications: 

1st,  Sex ;   2d,  Citizenship;    8(1,  Age;   4th,  Residence. 
These  qualifications  are  separately  considered  in  the 
following  sections. 

3.  St;x — During  the  earlier  history  of  the  republic  the 
right  of  suffrage  was  exercised  by  male  citizens  alone. 
Of  late  years  the  extension  of  suffrage  to  women  has 
been  earnestly  advocated  and  the  proposition  has  been 
received  in  many  States  with  increasing  favor.  Three  of 
the  newer  States,  Wyoming,  Colorado,  and  Utah,  make 
no  distinction  between  the  sexes  in  this  respect,  but  extend 
the  voting  privilege  to  men  and  women  on  equal  terms. 

4.  Partial  or  Limited  Suffrage  —  In  some  States 
where  equal  suff'rage  does  not  yet  prevail,  women  have 
been  granted  the  right  to  vote  for  school  officers  and 
upon  certain  other  matters  of  a  local  character.  A  recent 
act  of  the  Iowa  legislature  permits  wonicii  to  take  part 
in  elections  upon  questions  of.  issuing  bonds,  borrowing 
money,  or  increasing  taxation,    ^v    ^  •  ^', , i-^rm-x/w  ,y  .    ' 

5.  Citizenship — To  be  a  legal  voter  a  person  must  be 
a  citizen  of  the  United  States.  All  native-born  and  nat- 
uralized subjects  of  the  general  government  are  citizens. 


) 


54     IOWA,  ITS  STATE  AND  LOCAL  GOVERNMENT 

The  manner  in  which  foreign- born  persons  may  become 
naturalized  citizens  of  this  country  is  explained  in  Yor.ng's 
Class-book,  page  1-iS. 

G.  Age — A  citizen  of  immature  age  and  undeveloped 
mind  and  judgment  is  manifestly  unprepared  for  the 
responsibility  of  suffrage.  By  the  common  law  of  Eng- 
land, generally  followed  in  the  United  States,  twenty-one 
years  is  fixed  as  the  age  at  which  the  child  is  considered 
fitted  for  emancipation  from  parental  control,  and  in 
harmony  with  this  ancient  rule  the  Constitution  pre- 
scribes the  same  age  as  the  period  for  admission  to  the 
most  important  privilege  of  citizenship. 

7.  Residence — The  voter  must  have  resided  in  the 
State  one  year  and  in  the  county  where  he  offers  his  vote 
sixty  days.  "Without  some  restriction  of  this  kind  great 
frauds  could  be  easily  perpetrated.  Idle  and  corrupt 
men  could  go  from  place  to  place  voting  repeatedly  on 
the  same  day,  or,  by  temporarily  concentrating  in  one  or 
more  precincts,  manufacture  fraudulent  majorities  for  any 
candidate. 

8.  Residence  Defined — The  residence  of  a  voter  is 
his  permanent  home  or  place  of  abode.  One  who  remains 
in  a  place  for  the  temporary  purposes  of  business,  pleas- 
ure, or  education,  does  not  thereby  become  a  resident  or 
legal  voter,  even  though  such  temporary  sojourn  be  pro- 
longed into  months  or  years. 

9.  Privilege  of  Electors  (31) — On  election  days 
electors  are  privileged  from  arrest,  except  for  treason, 
felony,  or  breach  of  the  peace,  during  their  attendance  at 
the  polls,  and  while  going  to  and  returning  therefrom 
(32).  They  are  also  exempt  from  military  duty  on  such 
days,  except  in  time  of  war  or  public  danger.  The  word 
' '  elector' '  is  synonymous  with  "voter  "  or  "  legal  voter. ' ' 


RIOUT  OF  SUFFRAGE  55 

10.  Reasons  for  Privilege — Tlicse  provisions  are 
made  to  prevent  the  corrupt  and  oppressive  misuse  of 
legal  process  and  military  power.  But  for  the  privilege 
thus  secured,  voters  might  be  arrested  on  trivial  charges 
or  called  away  on  unnecessary  military  service  for  tlie 
mere  purpose  of  keeping  them  from  the  polls. 

11.  Not  Privileged — As  above  noted,  the  privilege 
from  arrest  does  not  extend  to  persons  cliarged  with 
treason  or  felony,  or  to  those  who  may  be  engaged  in  a 
breach  of  the  })eace.  Treason  and  felonies  are  crimes  of 
a  grave  and  serious  character,  and  it  is  to  the  interest  of 
society  that  persons  charged  therewith  be  apprehended 
whenever  and  wherever  found.  A  felony,  under  the 
laws  of  this  State,  is  any  public  offense  punishable  by 
imprisonment  in  the  penitentiary. 

12.  Persons  in  Military  Service  (33) — Members  of 
the  army  and, navy  of  the  United  States  are  not  to  be 
considered  residents  by  reason  of  service  at  any  military 
or  naval  station  in  the  State. 

13.  Not  Entitled  to  Vote  (34) — Idiots,  insane 
persons,  and  persons  convicted  of  any  infamous  crime 
are  not  legal  voters.  The  term  "infamous  crime"  as 
here  used  is  synonymous  with  "felony"  as  defined  in 
the  tenth  paragraph  of  this  cliapter.  This  disability  or 
penalty  for  crime  can  be  removed  by  the  order  or  pardon 
of  the  Governor  of  the  State. 

14.  Voting-  by  Ballot  (35) — The  manner  of  voting 
is  by  ballot.  Each  State  has  its  peculiar  manner  of  bal- 
loting ;  but  the  essential  features  by  which  the  voter  is 
guarded  from  intimidation  and  improper  influence,  and 
the  secrecy  of  the  ballot  ])reserved,  are  everywhere  given 
special  attention. 

15.  Australian  Ballot — In  Iowa,  as  in  many  of  the 


56     IOWA,  ITS  STATE  AND  LOCAL   GOVERNMENT 

states,  the  so-called  Australian  method  of  balloting  has 
been  adopted.  By  this  method  all  the  different  party 
tickets  are  printed  in  parallel  columns  upon  one  large 
sheet.  At  the  head  of  each  ticket  opposite  the  party 
name  is  placed  a  circle,  O ,  and  opposite  the  name  of  each 
individual  candidate  is  placed  a  square,  D  .  These  ballots 
are  furnished  by  public  authority  and  placed  in  the  hands 
of  the  judges  of  election  at  each  polling-place. 

16.  Manner  of  Balloting- — The  person  desiring  to 
vote  applies  to  the  officer.?  in  charge  of  the  polls  and  re- 
ceives one  of  the  sheets  containing  all  the  tickets  as  above 
described,  and  retires  alone  to  a  small  stall  or  booth  to 
prepare  his  ballot.  If  by  reason  of  bodily  infirmity  or 
inability  to  read  he  cannot  properly  mark  the  ballot,  he 
may  have  the  assistance  of  one  of  the  officers  of  the 
election. 

17.  Marking  the  Ballot — In  the  seclusion  of  the 
booth  tlie  voter  proceeds  to  mark  his  ballot  in  favor  of 
the  ticket  or  candidate  of  his  choice.  If  he  wishes  to 
vote  what  is  ordinarily  called  a  "straight"  party  ticket 
he  places  a  cross  X  in  the  circle  which  stands  before  the 
party  name  at  the  head  of  such  ticket,  and  with  this 
single  mark  his  vote  will  be  counted  for  all  the  candi- 
dates  named  under  such  heading. 

18.  Voting  a  "Mixed"  or  "Split"  Ticket — If  the 
voter  desires  to  vote  a  "mixed"  or  "split"  ticket — 
that  is,  for  the  candidates  of  one  party  for  certain  offices 
and  for  the  candidates  of  another  party  for  other  offices — 
he  does  not  mark  either  of  the  circles,  but  places  a  cross, 
X ,  in  the  square  opposite  the  name  of  each  individual 
candidate  for  whom  he  wishes  his  vote  to  l)e  counted. 
Certain  other  methods  of  marking  are  allowable,  but  those 
we  have  given  sufficiently  illustrate  the  plan. 


LEGISLATIVE  DEPARTMENT  57 

19.  Depositing  tlic  Ballot — Before  leavirii):  the 
booth  tlie  voter  is  required  to  fold  liis  ballot  in  such 
manner  as  to  wholly  conceal  the  vote  he  lias  prepared. 
This  being  done,  he  delivers  it  to  the  proper  officer,  who 
deposits  it  in  the  ballot-box. 

20.  General  Election — The  general  election  for 
State,  district,  county,  and  township  officers  is  lield  each 
year  on  the  Tuesday  next  after  the  first  Monday  in 
November. 


CHAPTER  VIII 

DISTRIBUTION    OF    TOWERS 

1.  Three  Dei)artnients  (o(J) — The  powers  of  the 
government  are  divided  into  three  separate  departments: 
the  Legislative,  the  Executive,  and  the  Judicial.  In 
this  respect,  the  plan  or  structure  of  the  State  govern- 
ment is  identical  wdth  that  of  the  National  government. 

2.  Departments  kept  Separate — These  departments 
are  to  be  kept  separate  and  independent  of  each  other, 
and  no  officer  of  one  department  can  lawfully  exercise 
any  duty  or  power  belonging  to  either  of  tlie  others. 

CHAPTER   IX 

LEGISLATIVE    DEPARTMENT 

1.  General  Assembly  (37) — The  legislative  author- 
ity of  the  State  is  vested  in  a  Senate  and  House  of 
Representatives.  Every  law  of  the  State  begins  with 
the  sentence  "  Be  it  enacted  by  the  General  Assem- 
bly OF  THE  State  of  Iowa." 


58     70Tr.4,  ITS  STATE  AND  LOCAL   GOVERNMENT 

2.  Legislative  Sessions  (38) — The  regular  sessions 
of  the  General  Assembly  occur  once  in  two  years,  begin- 
ning on  the  second  Monday  in  January  next  after  the 
election  of  its  members.  Special  sessions  may  be  called 
at  any  time  by  proclamation  of  the  Govei'nor  of  the 
State. 

3.  Election  of  Representatives  (39) — Members 
of  the  House  of  Representatives  are  chosen  every  second 
year  by  vote  of  the  qualified  electors  of  their  respective 
districts,  and  their  term  of  office  begins  on  the  first  day 
of  January  following  their  election.  Representatives 
are  chosen  at  the  regular  November  election  in  each  odd- 
numbered  year. 

4.  Qualification  of  Representatives  (40)  —  A 
member  of  the  House  of  Representatives  must  be  a  male 
citizen  of  the  United  States,  twenty-one  years  of  age, 
and  at  the  time  of  his  election  must  have  been  a  resident 
of  the  State  one  year,  and  of  the  county  or  district  he  is 
chosen  to  represent  at  least  sixty  days. 

5.  Senators  (41) — Senators  are  chosen  for  the  term 
of  four  years.  They  must  be  at  least  twenty-five  years 
of  age,  and  in  other  respects  have  the  qualifications 
required  for  membership  of  the  House  of  Representa- 
tives. 

6.  Senators  Classified  (42) — The  number  of  Sena- 
tors nmst  not  b--  less  than  one  third  nor  more  than  one 
half  the  number  of  Representatives,  and  so  classified 
that  one  half  their  number  shall  be  elected  every  two 
years. 

7.  Number  of  Members — The  number  of  members 
of  the  General  Assembly  is  the  maximum  allowed  by 
the  Constitution  (72),  fifty  Senators,  and  one  hundred 
Representatives, 


LEGISLATIVE  DEPARTMENT  59 

8.  Officers — The  Lieutenant-governor  of  the  State  is 
the  President  of  the  Senate  (-43).  All  other  officers  are 
chosen  by  their  respective  houses.  The  presiding  officer 
of  the  House  of  Representatives  is  elected  from  its  own 
membership,  and  is  known  as  the  Speaker.  Each  house 
chooses  a  cliief  clerk  and  assistants,  a  sergeant-at-arms, 
doorkeepers,  and  such  other  officers  as  may  be  found 
necessary  for  the  proper  despatch  of  business. 

9.  Contests  (43) — Whenever  any  question  is  raised 
as  to  the  qualification  or  election  of  a  member,  the 
house  in  which  he  claims  a  seat  decides  it,  and  from  such 
decision  there  is  no  appeal. 

10.  Quoriiin  (4-4) — A  majoiity  of  each  house  con- 
stitutes a  quorum  to  transact  business,  but  a  smaller 
number  may  adjourn  from  day  to  day  and  compel  the 
attendance  of  absent  members. 

11.  Rules  (45) — Each  house  adojDts  its  own  rules 
of  order  and  business,  keeps  a  journal  of  its  proceedings, 
and  has  power  by  a  two-thirds  vote  to  expel  a  member, 
but  not  a  second  time  for  the  same  offenses.  Upon  tlie 
demand  of  any  two  members  of  either  house  tlie  vote 
upon  any  question  shall  be  taken  by  yeas  and  nays,  and 
a  record  of  the  same  entered  on  the  journals. 

12.  Privilege  (47) — Except  for  treason,  felony,  or 
breach  of  the  peace.  Senators  and  liepresentatives  are 
exempt  from  arrest  and  imprisonment  during  the  session 
of  the  General  Assembly  and  wldle  going  to  and  return- 
ing therefrom. 

13.  Vacancies  (48) — Whenever  a  vacancy  occurs 
in  either  house,  the  Governor  of  the  State  issues  a  writ 
calling  a  special  election  to  lill  such  vacancy. 

14.  Public  Sessions  (49) — The  sessions  of  each 
house  are  open  to  the  public  except  when,  in  the  opinion 


60     IOWA,  ITS  STATE  AND  LOCAL   GOVERNMENT 

of  such  house,  the  pul)hc  interests  require  secrecy. 
Secret  sessions  of  either  liouse  are  very  rare.  The 
general  welfare  is  best  served  when  the  people  are  kept 
fully  informed  of  the  manner  in  which  public  officers 
are  performing  the  trust  reposed  in  them. 

15.  Bills  (51) — A  proposed  law  presented  by  any 
member  of  either  house,  for  the  consideration  of  the 
legislature  is  called  a  bill.  Bills  may  be  first  presented 
in  either  house,  but  are  subject  to  be  amended,  altered, 
or  rejected  by  the  other. 

IG.  How  passed  (53) — In  order  to  pass  a  bill,  it 
must  receive  the  vote  or  assent  of  a  majority  of  all  the 
members  elected  to  each  house. 

17.  Approval  (52) — When  a  bill  has  passed  both 
houses,  it  is  rewritten  in  full,  embodying  all  amendments 
and  changes,  if  any,  which  it  has  received  during  its  con- 
sideration and  passage.  This  copy,  known  as  the  ' '  en- 
rolled bill,"  is  signed  by  the  President  of  the  Senate  and 
Speaker  of  the  House,  and  sent  to  the  Governor  for  his 
approval.  If  the  Governor  has  no  objection  to  the. bill 
he  indorses  his  approval  upon  it,  and  the  course  of  legis- 
lation as  to  such  act  is  complete. 

18.  Where  kept — After  being  signed  and  approved, 
the  enrolled  bill  is  filed  with  the  Secretary  of  State  and 
safely  preserved.  If  any  dispute  afterward  arises  as  to 
the  exact  language  or  reading  of  the  law,  an  examination 
of  the  enrolled  bill  is  the  final  test.  Any  mistake  made 
in  the  enrollment  and  not  corrected  before  it  is  signed 
and  approved,  can  be  corrected  only  by  the  enactment 
of  another  law  repealing  or  amending  the  defective  act. 

19.  Veto  (52) — If  the  Governor  does  not  approve  a 
bill,  it  is  his  duty  to  return  the  same  to  the  house  in 
which  it  was  first  introduced,   with  a  statement  of  his 


LEGISLATIVE  DBPAUTMENT  Gl 

objections.  Upon  being  so  returned  tlie  bill  is  recon- 
sidered, and  if  it  is  again  passed  by  a  vote  of  two  thirds 
of  all  the  members  of  each  house,  it  becomes  a  law  not- 
withstanding the  Governor's  veto. 

20.  When  Bill  is  to  be  Returned  (52) — When  a  bill 
has  been  sent  to  the  Governor  and  he  does  not  return  it 
within  three  days  with  his  a])proval  or  veto,  it  bec(jmes 
a  law  in  the  same  manner  as  if  he  had  approved  it  in  the 
usual  form.  This  rule  does  not  ap})ly  where  the  legis- 
lature by  adjournment  prevents  the  return  of  the  bill 
within  the  required  time.  Very  many  of  the  bills  which 
become  laws  are  not  passed  until  near  the  close  of  the 
session,  and  to  give  the  Governor  ample  opportunity  to 
examine  them  he  is  allowed  tliirty  days  in  which  to  ap- 
prove or  disapprove  all  bills  sent  to  him  during  the  last 
three  days  before  linal  adjournment. 

21.  Publication  of  Receipts,  etc.  (54) — As  soon  as 
practicable  after  the  close  of  a  session  of  the  General  As- 
seml)ly  the  laws  enacted  by  it  are  published  in  book 
form.  AVith  these  laws  an  accurate  statement  of  the 
receipts  and  disbursements  of  public  moneys  is  given. 

22.  Inipeaclunents  (55) — The  only  way  in  which 
the  Governor,  or  any  Judge  of  the  Supreme  or  District 
Court,  or  other  State  officer  can  be  removed  from  office 
for  breach  of  duty  is  by  impeachment.  The  nature  of 
this  proceeding  has  already  been  explained  (Y.  C.  B., 
pages  78  and  82). 

The  House  of  Representatives  acts  as  the  accuser,  and 
appoints  a  committee  of  managers  from  its  membership 
to  prosecute  the  accused  officer,  while  the  Senate  sits  as  a 
court  to  hear  and  decide  the  case.  Xo  person  can  be 
convicted  on  such  trial  without  the  concurrence  of  two 
thirds  of  the  Senators  present. 


62     IOWA.,  ITS  STATU  AND  LOCAL   GOVERNMENT 

23.  Puiiishnieiit  (50) — The  jiulgineiit  to  be  entered 
upon  a  conviction  in  sncli  case  cannot  extend  beyond  a 
removal  of  tlie  convicted  person  from  office,  and  liis  dis- 
qualification to  hold  any  office  of  honor,  trust,  or  profit 
under  the  State. 

24.  Purpose — The  purpose  of  an  impeachment  is  not 
the  jjunishment  of  crime,  but  simply  the  removal  of  an 
unfit  person  from  office ;  and  any  oflicer  committing  a 
public  offense  may  be  indicted,  tried,  and  punished  ac- 
cording to  the  usual  forms  of  law  whether  he  be  im- 
peached or  not. 

25.  Members  Ineligible  (57) — Xo  Representative 
or  Senator  can  be  appointed  to  any  civil  office  of  profit 
under  the  State,  which  has  been  created  or  the  emolu- 
ments of  which  have  been  increased  during  the  session  of 
the  legislature  in  which  he  has  served  as  a  member. 
He  who  undertakes  to  legislate  for  the  State  should  be 
uninfluenced  by  considerations  of  profit  or  advantage  to 
himself,  and  this  provision  is  made  to  remove  any 
temptation,  which  otherwise  might  exist  on  the  part  of 
membe]"s,  to  create  an  office  or  increase  tlie  salary  of  an 
office  for  their  own  benefit.  This  restriction  does  not 
aj^ply  to  elective  officers. 

26.  Officers  Ineligible  to  Membership  (58) — No 
person  holding  any  lucrative  office  under  the  United 
States  or  this  State  or  any  other  power  is  eligible  to  a 
seat  in  the  General  Assembly.  A  lucrative  office  is  one 
to  which  some  substantial  salary  or  compensation  is 
attached. 

27.  Defaulters  Disqualified  (50) — No  person  who 
has  been  a  collector  or  holder  of  public  moneys  can  have 
a  seat  in  either  liouse  of  the  General  Assembly  until  he 
shall  have  accounted  for  and  paid  into  the  treasury  all 


LEGISLATIVE  DEPARTMENT  63 

sums  for  which  lie  is  li;il)le.  It  is  deviously  just  tliat 
Olio  wlio  stiiiuls  an  iidinittod  or  proved  defaulter  should 
not  be  trusted  to  legislate  for  the  State  while  refusing  to 
make  restitution. 

28.  How  Money  Drawn  (GO) — No  money  can  be 
lawfully  drawn  from  the  State  treasury  l)ut  in  jMirsuance 
of  appro])riations  jireviously  made  or  authorized  by  law. 
Any  other  rule  would  place  too  much  power  in  the  dis- 
cretion of  individual  officers,  and  open  the  door  to  ex- 
travagance and  corruption  in  jniblic  expenditures. 

29.  Payment  of  Members  (Gl) — The  members  of 
the  first  General  Assembly  received  payment  at  the  rate 
of  three  dollars  per  day  and  an  additional  allowance  for 
traveling  expenses.  At  present  the  compensation  is 
$550  and  mileage  for  each  regular  session,  with  a  pro- 
portionate amount  for  each  special  session  based  upon 
the  number  of  days  in  the  last  preceding  regular  session. 

30.  Ijaws  take  Effect  (G2) — Laws  enacted  at  a 
regular  session  of  the  General  Asseml)ly  take  effect  on 
the  Fourth  day  of  July  next  after  their  passage.  Laws 
enacted,  at  a  special  session  take  effect  ninety  days  after 
the  final  adjournment  of  the  General  Assembly  by  which 
they  are  passed.  If  the  General  Assembly  deems  any 
law  of  immediate  importance,  it  may  ]3rovide  that  the 
same  shall  take  effect  at  once  upon  publication  of  the 
same  in  one  or  more  newspapers  in  the  State. 

31.  No  Divorce  Granted  (G3) — No  divorce  can  be 
legally  granted  nor  can  any  lottery  be  legally  authorized 
by  the  General  Assembly.  In  some  States  it  was  formerly 
the  rule  to  grant  divorce  by  special  act  of  the  legislature, 
but  experience  has  shown  that  such  matters  can  be  best 
adjudicated  in  the  courts. 

32.  Lotteries  Forbidden    (6-4) — Though  formerly 


C)4     IOWA,  ITS  STATE  AND  LOCAL   GOVERNMENT 

recognized  by  law,  lotteries  and  dealings  in  lottery'  tickets 
are  now  generally  regarded  as  gambling  transactions, 
having  a  demoralizing  effect  upon  all  who  engage  there- 
in.     They  are  therefore  wholly  forbidden  in  this  State. 

33.  Subject  Expressed  in  Title  (05) — Each  act 
or  law  passed  by  the  General  Assembly  must  embrace 
but  one  subject,  which  shall  be  indicated  or  expressed  in 
the  title.  If  any  act  or  bill  so  passed  contains  any  pro- 
vision which  does  not  relate  to  the  subject  named  in  the 
title,  then  such  provision  is  void.  So,  too,  if  the  title 
names  or  discloses  two  distinct  subjects,  then  the  act  is 
entirely  void. 

34.  Special  Laws  Forbidden  (GO) — The  General 
Assembly  is  forbidden  to  pass  local  or  special  laws  for 
any  of  the  following  purposes : 

1.  For  the  assessment  and  collection  of  taxes; 

2.  For  laying  out  and  working  highways ; 

3.  For  changing  the  names  of  persons; 

4.  For  incorporating  cities  and  towns ; 

5.  For  vacating  roads,  town  plots,  and  public  squares; 

6.  For  locating  and  changing  county-seats. 

35.  Laws  to  be  General  (67) — As  far  as  possible 
all  laws  must  be  general,  and  appl}'  alike  to  all  parts  of 
the  State. 

3G.  Extra  Compensation  (08) — No  extra  compen- 
sation can  1)0  made  to  any  ofhcer,  public  agent,  or  con- 
tractor, nor  can  there  be  any  lawful  a])pro])riation  of 
public  moneys  for  merely  local  or  ])rivate  uses,  witliout 
the  approval  of  two  thirds  of  all  the  members  elected  to 
each  branch  of  i\\ii  General  Asseml)ly. 

37.  Oath  «»1'  omce  (09) — Each  member  of  the 
General  Assembly  must  take  and  subscribe  an  oath  or 
affirmation  to  sup[)ort  the  Constitution  of  the  United 


LEOISLATIVE  DEPARTMENT  65 

States  and  of  the  State  of  Iowa,  and  to  faitlifnlly  perform 
the  duties  of  his  office  to  the  best  of  his  ability,  Tlie 
custom  of  requiring  all  newly  elected  officers  to  thus 
solenmly  renew  their  allegiance  to  their  country,  and  de- 
vote their  best  endeavors  to  tlie  discharge  of  their  official 
duties,  is  one  of  ancient  origin,  and  is  a  fitting  recognition 
of  the  high  and  ini])ortant  character  of  tlie  pul)lic  service. 

38.  Census  (70)— It  is  the  duty  of  the  General 
Assembly  to  cause  an  enumeration  or  census  of  the  popu- 
lation to  be  made  every  ten  years.  This  census  is  ar- 
ranged to  alternate  at  ecpial  intervals  with  the  United 
States  census,  which  is  also  taken  every  ten  years,  thus 
securing  an  enumeration  of  the  people  every  five  years. 
The  last  State  census  was  taken  in  the  year  1895. 

39.  Senatorial  Districts  (71) — At  the  first  session 
after  a  State  or  National  census  has  been  taken  the  Gen- 
eral Assembly  fixes  the  number  of  Senators  and  divides 
the  State  into  a  corresponding  number  of  senatorial  dis- 
tricts. 

40.  Membership  Limited  (72) — The  membership 
of  the  Senate  is  limited  to  fifty  and  of  the  House  of 
Representatives  to  one  hundred.  These  members  are 
apportioned  among  the  counties  of  the  State  according  to 
population,  but  no  representative  disti'ict  may  contain 
more  than  four  counties,  and  each  district  shall  have  at 
least  one  representative. 

41.  Katio — The  ratio  of  representation  in  the  two 
houses  or  branches  of  the  General  Asseml)ly  is  usually 
determined  by  dividhig  the  wdiole  number  of  inhabitants 
of  the  State  by  the  whole  number  of  members  of  the 
house  or  branch  under  consideration. 

42.  Representative  Districts  (72) — Every  county 
which  has  a  population  e(piul  to  at  least  one  half  the. 


66     IOWA,  ITS  STATE  AND  LOCAL   GOVERNMENT 

ratio  fixed  by  law  is  entitled  to  one  representative,  and 
if  its  population  exceeds  such  ratio  by  one  half  or  more 
than  one  half,  then  it  is  entitled  to  one  additional  repre- 
sentative. 

43.  No  "Floating  District"  (72) — Prior  to  the 
adoption  of  the  present  constitution  districts  were  some- 
times formed  on  the  following  plan :  Where  each  one 
of  several  counties  contained  more  than  the  regnired 
ratio  of  population,  but  not  enough  more  to  entitle  it 
to  two_i"epresentatives,  such  counties  were  first  made 
separate  districts  having  each  one  representative,  and 
were  then  grouped  together  into  another  disti'ict  and 
given  an  additional  representative.  In  other  words,  the 
excess  of  population  over  the  ratio  in  several  districts 
was  combined  and  given  ^representation.  Districts 
formed  by  such  grouping  were  called  "floating  dis- 
tricts."    They  were  abolished  by  the  new^  constitution. 

44.  Wlieu  Apportioned  (73)  —  At  each  regular 
session  the  General  Assembly  fixes  the  ratio  of  i-epresen- 
tation  in  the  House  of  Representatives,  and  forms  into 
districts  those  counties  which  have  not  a  population  suf- 
ficient to  entitle  them  singly  to  representation. 

45.  Basis  of  Representation — It  will  be  observed 
that  representation  in  both  legislative  branches  is  appor- 
tioned to  the  number  of  inhabitants  by  counties  rather 
than  by  an  absolutely  equal  apportionment  among  the  in- 
habitants of  the  State  as  a  whole.  The  county  is  thus  in 
some  respects  made  the  unit  of  representation  (74).  No 
district  can  contain  less  than  one  entire  county ;  in  foi'm- 
ing  a  district  no  county  can  be  divided,  and  the  counties 
forming  one  district  must  be  contiguous. 

46.  Elections  by  General  Asscnibly  (75) — In  ad- 
dition to  the  election  of  its  own  officers  the  o-eneral  as- 


EXECUTIVE  DEPARTMENT  67 

semblj  is  also  charged  witli  tlie  duty  of  electing  Senators 
of  the  United  States  and  various  State  officers.  At  all 
such  elections  the  members  must  vote  orally,  and  the 
votes  so  announced  must  be  entered  on  the  journal. 
The  reasons  for  voting  by  secret  ballot  at  ordinary  elec- 
tions by  the  people  do  not  apply  to  elections  by  the 
legislature.  The  members  act  in  a  representative  capac- 
ity, and  it  is  the  right  of  each  member's  constituents 
to  know  how  he  discharges  the  duty  confided  to  him. 

CHAPTER  X 

EXECUTIVE    DEPARTMENT 

1.  The  Governor  (76) — The  supreme  executive  power 
of  the  State  is  vested  in  a  chief  magistrate,  whose  official 
title  is  "  The  Governor  of  the  State  of  Iowa." 

2.  How  and  AVlien  Elected  (77) — He  is  elected 
by  vote  of  the  qualified  electors  of  the  State  at  the  elec- 
tion at  which  members  of  the  General  Assembly  are 
chosen,  being  the  regular  election  in  November  of  each 
odd-numbered  year,  and  holds  his  office  two  years  from 
the  time  of  his  installation  and  until  his  successor  is 
elected  and  qualified. 

3.  Lieutenant  Governor  (78) — A  Lieutenant 
Governor  is  also  elected  at  the  same  time  and  for  the 
same  term  as  the  Governor. 

4.  Returns  of  Election  (78) — The  returns  or  re- 
ports of  the  votes  cast  for  Governor  and  Lieutenant 
Governor,  as  the  same  have  been  collected  and  counted  by 
the  proper  officers  in  each  of  the  several  counties  of  the 
State,  are  sealed  up  and  sent  to  the  State  Capitol,  directed 
to  the  Speaker  of  the  House  of  Representatives. 


68     IOWA,  ITS  STATE  AND  LOCAL   GOVERNMENT 

5.  Canvass  of  the  Vote  (78,  79) — As  soon  as  tlie 
General  Assembly  is  organized  l)y  the  election  of  its  own 
officers,  the  two  houses  meet  in  joint  session  in  the  repre- 
sentative chamber.  The  meeting  is  presided  over  by 
the  Speaker  of  the  House  of  Ilepresentatives,  who  opens 
the  sealed  returns  in  the  presence  of  all  the  members. 
The  votes  thus  reported  for  the  several  candidates  for  the 
offices  of  Governor  and  Lieutenant  Governor  are  footed 
up,  and  those  appearing  to  have  received  the  greatest 
number  for  the  respective  offices  are  declaredduly  elected. 

6.  Tie  Decided — Should  it  happen  that  a  tie  is  found 
in  the  votes  of  any  two  or  more  of  the  candidates  for 
either  office,  the  Johit  Assembly  proceeds  at  once  to  make 
an  election  from  the  candidates  thus  standing  equal  in 
the  popular  vote.  The  possibility  of  a  tie  ever  occurring 
in  the  vote  of  a  great  State  is  very  remote. 

7.  Contested  Elections  (80) — Much  more  probable 
than  a  tie  is  a  case  in  which  disputes  arise  over  the 
regularity  or  the  returns  of  an  election. 

If  the  election  of  a  Governor  or  Lieutenant  Governor 
is  thus  contested,  it  is  to  be  decided  in  such  manner  as 
the  General  Assembly  may  l)y  law  provide.  Under  the 
statute  now  in  force,  when  such  a  contest  is  made  the 
Senate  and  the  House  of  Representatives  each  selects  by 
lot  seven  of  its  own  members,  and  the  fourteen  jjersons 
thus  designated  constitute  a  committee  or  court  before 
wliich  the  trial  is  had.  The  finding  and  judgment  of 
the  committee  is  final  and  conclusive. 

8.  Eligibility  (81) — To  be  eligible  to  the  office  of 
Governor  or  Lieutenant  Governor,  a  person  nnist  be  at 
least  thirty  years  old,  and  must  have  been  a  citizen  of 
the  United  States  and  a  resident  of  the  State  for  the  two 
years  next  preceding  his  election. 


EXECUTIVE  DEPARTMENT  69 

9.  Coinniaiuler  in  Cliiof  (82) — The  Governor  is 
commander  in  chief  of  tlie  militia,  army,  and  navy  of  the 
State.  Tlie  State  maintains  no  army  or  navy  in  times 
of  peace. 

10.  Executive  ISusiiicss  (8.'5) — lie  represents  tlic 
State  in  tlie  transaction  of  all  execntive  l)nsiness  with 
the  ofHcers  of  c^overnment,  civil  and  military.  lie 
may  also  call  upon  any  of  the  officers  of  the  executive 
department  for  reports  upon  any  sul)ject  relating  to  the 
duties  of  their  respective  offices. 

1 1.  Filling-  Vacancies  (85) — When  any  office  be- 
comes vacant,  and  the  law  has  not  provided  any  other 
method  for  tilling  such  vacancy,  the  Governor  may  fill  it 
by  appointment.  Such  appointment  will  expire  at  the 
next  session  of  the  General  Asseml)ly  or  at  the  next 
election  by  the  people. 

12.  Extra  Sessions  (80) — When  in  liis  judgment 
the  circumstances  require  it,  he  may  convene  the  General 
Assembly  in  special  session.  When  so  convened,  it  is 
his  duty  to  explain  to  both  houses  the  reasons  why  he 
lias  called  them  together. 

13.  Messages  (87) — The  Governor  sends  to  the 
General  Assembly  at  eacli  regular  session  a  formal  mes- 
sage, reporting  the  condition  of  the  State,  and  making 
such  recommendations  as  he  thinks  expedient. 

14.  Adjourning  the  Legislature  (88) — Should  the 
two  houses  be  unable  to  agree  as  to  the  time  for  the  final 
adjournment  of  any  session,  the  Governor  has  power  to 
declare  the  General  Assembly  adjourned  to  such  date  as 
he  may  think  proper,  but  not  beyond  the  time  fixed  by 
law  for  the  meeting  of  the  next  General  Assembly. 

15.  Must  Hold  No  Other  Ofhce  (80) — While  exer- 
cisins:  the  office  of  Governor  or  Lieutenant  Governor  a 


To     IOWA,  ITS  STATE  AND  LOCAL   GOVERNMENT 

person  nnist  not  bold  any  other  office  under  the  authority 
of  the  United  States  or  of  tliis  State. 

16.  Official  Term  (90) — The  official  term  of  the 
Governor  and  Lieutenant  Governor  begins  on  the  second 
Monday  of  Jannary  next  after  their  election.  If  for  any 
reason  no  election  is  held  at  the  proper  time,  or  if  the 
person  elected  to  either  of  these  offices  fails  to  accept  or 
qualify  by  taking  the  prescribed  oath,  there  is  no  vacancy, 
because  the  incumbent  of  the  office  for  the  prior  term 
holds  over  until  a  successor  is  duly  elected  and  qualified. 

17.  Holding- Over — As  the  General  Assembly  which 
canvasses  the  vote  for  Governor  and  Lieutenant  Gover- 
nor does  not  convene  until  the  second  Monday  in  Jan- 
uary, and  cannot  proceed  with  the  canvass  until  both 
houses  are  duly  organized,  it  rarely,  if  ever,  happens 
that  the  newly  elected  executive  is  inaugurated  promptly 
on  the  first  day  of  his  official  term.  It  has  happened  on 
one  or  two  occasions  that  a  long  contest  over  the  election 
of  Speaker  of  the  House  of  Representatives  has  delayed 
the  inauguration  for  weeks,  during  which  time  the 
retiring  Governor  and  Lieutenant  Governor  have  held 
over. 

18.  Reprieves  and  Pardons  (91) — The  Governor 
has  power  to  grant  reprieves,  commutations,  and  pardons 
for  all  offenses  except  treason  and  cases  of  impeachment. 
In  cases  of  treason  he  may  suspend  the  execution  of  the 
sentence  until  time  is  had  to  report  the  matter  to  the 
General  Assembly,  which  may  pardon,  commute  the 
sentence,  or  order  it  to  be  carried  into  effect.  He  may 
also  remit  fines  and  forfeitures. 

19.  Words  Defined — K  reprieve  is  an  executive 
order  postponing  or  extending  the  time  for  carrying  into 
execution    the   judgment    or    sentence   pronounced    by 


EXECUTIVE  DEPARTMENT  71 

tlio  eourt  ill  a  criminal  case.  A  coiiiinntation  is  an  ex- 
ecutive order  modifying  or  changing  sucli  judgment  or 
sentence  to  one  of  less  severity,  A  pardon  is  an  exec- 
utive order  by  which  a  person  convicted  of  crime  is 
forgiven  and  wholly  relieved  from  the  judgment  or  sen- 
tence pronounced  against  him.  To  remit  a  fine  or  for- 
feiture is  to  relieve  the  person  charged  therewith  from 
all  liability  for  its  payment. 

20.  Order  of  Succession  (92) — In  case  of  the  death, 
impeachment,  resignation,  removal  from  office,  or  other 
disability  of  the  Governor  the  duties  of  the  office  devolve 
upon  the  Lieutenant  Governor  (94).  If  the  Lieutenant 
Governor,  while  acting  as  Governor,  be  impeached,  die, 
resign,  or  be  otherwise  disabled,  the  president-^ro  tem,- 
'pore  of  the  Senate  acts  as  Governor,  and  should  he  also 
be  rendered  incapable  of  performing  the  duties  of  the 
office,  they  devolve  upon  the  Speaker  of  the  House  of 
Representatives. 

21.  Office  Never  Vacant — Should  the  ofiice  of  Gov- 
ernor ever  become  vacant,  and  the  State  government 
thus  be  left  without  a  responsible  head  or  superintendent, 
much  confusion  and  possible  anarchy  would  follow. 
Hence  the  careful  provision  above  mentioned  to  provide 
for  the  succession,  should  the  duly  elected  incumbent  be 
in  any  manner  removed  or  disrpialified.  The  instant 
one  incumbent  dies  or  becomes  incapacitated  the  powers 
of  the  office  devolve  upon  his  successor,  and  there  is 
never  a  time  when  there  is  not  some  one  to  whom  the 
people  may  look  as  the  chief  magistrate. 

22.  President  of  the  Senate  (93) — The  Lieutenant 
Governor  acts  as  president  of  the  Senate,  but  has  no 
vote  in  its  proceedings  except  when  the  Senate  is  equally 
divided.      In  the  event  of  his  absence  or  impeachment. 


Y2     IOWA,  ITS  STATE  AXD  LOCAL   GOVERNMENT 

or  when  exercising  the  office  of  Governor,  tlie  Senate 
chooses  a  president  pro  tempore  from  its  own  member 
ship. 

23.  Great  Seal  (95) — The  State  provides,  for  tlie  nse 
of  the  executive,  a  seal  termed  The  Great  Seal  of  tlie 
State  of  Iowa.  This  seal  is  an  instrument  by  whicli  tlie 
name  and  emblem  of  the  State  may  be  impressed  upon 
paper,  parchment,  or  other  similar  material  upon  which 
an  official  document  is  writteu. 

24.  How  Used  (96) — AVlien  the  Governor  has  occa- 
sion to  issue  a  proclamation,  or  sign  a  connnission,  or  to 
execute  any  other  important  instrument  in  liis  official 
capacity,  he  causes  an  impression  of  the  seal  to  be  made 
thereon  opposite  his  name.  The  presence  of  the  seal 
upon  the  document  is  a  sign  and  evidence  of  its  official 
character  and  of  the  genuineness  of  the  Governor's 
signature. 

25.  Secretary  of  State  (97) — It  is  the  duty  of  the 
Secretary  of  State  to  keep  and  preserve  all  the  original 
laws  and  resolutions  of  the  legislature,  the  original  and 
authentic  copies  of  the  State  constitutions  and  of  the 
amendments  thereto ;  also  all  books,  records,  majjs,  reg- 
isters, and  papers  lawfully  deposited  in  his  office.  He 
countersigns  all  commissions  issued  by  the  Governor, 
keeps  a  register  of  such  commissions,  and  has  many 
other  duties  of  minor  importance. 

26.  Auditor  of  State  (97) — The  office  of  Auditor 
of  State  is  one  of  great  importance.  He  is  the  general 
bookkeeper  and  accountant  of  the  State.  He  keeps 
strict  account  of  all  linancial  transactions  between  the 
State  and  all  other  States,  governments,  officers,  and  pri- 
vate persons ;  settles  the  accounts  of  public  debtors,  and 
all  claims   against  the  treasui-y.      No  money,   however 


EXECVTIVE  DEPARTMENT  Y3 

small  the  amount,  can  ho  lawfullv  di-awn  from  the  State 
treasury  otherwise  tlian  uj)on  his  written  warrant  or 
order,  lie  is  also  charged  with  enforcing:;  the  laws 
regulating  the  l)usiness  of  insurance  and  of  hanking 
MMthin  the  State. 

27.  Treasurer  of  State  (1)7) — As  indicated  by  his 
title,  the  chief  duty  of  tlu;  Treasurer  is  to  receive,  safely 
keep,  and  ])ro})erly  account  for  all  moneys  of  the  State. 
He  must  make  no  payments  from  the  treasury  but  upon 
the  warrant  or  order  of  the  auditor,  and  must  keep  a  full 
and  detailed  account  of  all  his  receipts  and  disburse- 
ments, 

28.  Executive  Council — The  Governor,  Secretary  of 
State,  Auditor  of  State,  and  Treasurer  of  State  constitute 
what  is  called  the  Executive  Council.  Tliis  council 
superintends  the  State  census,  has  charge  and  care  of  the 
property  of  the  State  where  no  other  provision  is  made 
therefor,  purchases  the  necessary  furniture  and  supplies 
for  the  several  State  offices,  and  makes  such  other  lawful 
expenditures  as  are  found  necessary  and  are  not  other- 
wise provided  for.  It  also  assesses  railroads  for  the 
purposes  of  taxation,  and  equalizes  the  general  assessment 
of  property  as  between  the  different  counties  of  the 
State. 

29.  Attorney-General  (110) — The  Attorney-Gen- 
eral is  the  legal  representative  or  attorney  for  the  State. 
He  is  required  to  attend  in  person  at  each  session  of  the 
General  Assembly  and  give  the  members  and  State  officers 
the  benefit  of  his  advice  upon  matters  of  law.  He  also 
represents  the  State  in  the  courts  in  all  matters  affecting 
its  interests. 

30.  Superintendent  of  Public  Instruction — This 
officer,  connnonly  known  as  the  State  Superintendent,  has 


Y4     IOWA,  ITS  STATE  AND  LOCAL   GOVERNMENT 

general  supervision  of  tlie  county  superintendents  and  of 
all  the  connnon  schools  of  the  State.  He' hears  and  de- 
cides appeals  taken  from  the  acts  and  decisions  of  county 
superintendents,  attends  teachers'  institutes,  and  per- 
forms other  services  calculated  to  promote  the  efficiency 
of  our  system  of  public  education. 

31.  Kailroad  Coiumissioiiers  —  Under  an  act  of 
the  General  Assembly  the  State  is  provided  with  a  Board 
of  Railroad  Commissioners.  This  board  is  given  authority 
to  inquire  into  any  neglect  or  violation  of  the  laws  of 
the  State  by  railway  corporations,  and  to  examine  the 
condition  of  railroads  and  railroad  bridges  and  cause 
them  to  be  kept  in  repair.  It  also  hears  complaints 
made  against  railroad  companies  on  account  of  overcharges, 
and  in  a  general  way  undertakes  the  adjustment  of  con- 
troversies arising  out  of  the  manner  in  which  such  com- 
panies conduct  their  business.  By  a  late  law  the  com- 
missioners are  given  similar  supervisory  jDower  over  ex- 
press companies. 

32.  Terms  of  Office — Except  the  Judges,  Clerk, 
and  Reporter  of  the  Supreme  Court,  mentioned  in  a  sub- 
sequent chapter,  the  foregoing  ai-e  all  the  State  officials 
elected  by  the  people. 

The  Governor,  Lieutenant  Governor,  and  Superintend- 
ent of  Public  Instruction  are  elected  in  each  odd-num- 
bered year  for  terms  of  two  years  each.  The  Secretary 
of  State,  Auditor,  Treasurer,  and  Attorney- General  are 
elected  in  each  even- numbered  year  for  like  terms  of 
two  years. 

Railroad  connnissioners  are  elected  for  three  years 
each,  but  the  terms  are  so  classified  that  one  is  elected 
each  year. 

33.  Salaries — The  salaries  attached  to  the  several 


NON-ELECTIVE  STATE  OFFICERS  75 

State  offices  wliicli  liavo  been  considered  in  tliis  chapter 
are  as  follows : 

Governor    $3000 

Lieutenant  Governor 1 100 

Secretary  of  State  .... 2200 

Auditor  of  State    2200 

Treasurer  of  State 2200 

State  Superintendent 2200 

Railroad  Commissioner 34jOO-    Z'JLo-o 

Attorney-general 1500 

In  addition  to  their  regular  salaries,  the  Governor, 
Secretary  of  State,  Auditor,  and  Treasurer  each  receive 
8500  per  year  for  services  upon  the  Executive  Council. 

As  the  State  has  not  yet  provided  an  executive  man- 
sion, the  legislature  usually  makes  the  Governor  an  ad- 
ditional allowance  of  $600  per  year  for  house-rent. 

The  Attorney-General  also  receives  an  additional  com- 
pensation of  live  dollars  per  day  while  attending  court  in 
behalf  of  the  State. 

CHAPTEE  XI 

NON-ELECTIVE    STATE    OFFICERS 

1.  How  Selected — Numerous  lesser  offices  have  been 
created  by  law  and  are  filled  by  the  appointment  of  the 
Governor  or  by  the  choice  of  the  General  Assembly. 
The  most  important  of  these  are  Adjutant-General, 
Board  of  Health,  Commissioner  of  Labor  Statistics,  Oil 
Inspector,  Mine  Inspector,  Dairy  Commissioner,  and 
State  Librarian,  appointed  l)y  the  Governor;  and  War- 
dens of  the  State  Penitentiaries,  State  Printer,  and  State 
Binder,  chosen  by  the  General  Assembly. 


Y6     IOWA,  ITS  STATE  AND  LOCAL   GOVERNMENT 

2.  Adjutaiit-General — The  Adjutant-General  is  cliief 
inspector  of  the  State  niihtia,  and  keeps  and  preserves 
tlie  military  records  of  the  State.  He  receives  a  salary 
of  $1500  per  year. 

3.  Board  of  Health — The  State  Board  of  Health 
consists  of  the  Attorney-Genei-al,  one  civil  engineer,  and 
seven  physicians  appointed  by  the  Governor.  It  has 
general  supervision  of  matters  affecting  tlie  liealth  of  the 
citizens  of  the  State.  It  is  also  authorized  to  make  such 
rules  and  regulations  as  it  may  deem  necessary  for  the 
preservation  or  improvement  of  public  health,  and  it  is 
the  duty  of  all  other  officers  of  the  State,  county,  town- 
ship, and  city  to  co-operate  in  enforcing  such  rules  and 
regulations.      Members  of  the  board  receive  no  salary. 

4.  Coniiiiissioiier  of  Labor  Statistics — This  officer 
is  most  commonly  called  Labor  Connnissioner.  His 
principal  duty  is  to  collect  and  publish  statistics  and  in- 
formation for  the  benefit  of  the  laboring  classes.  The 
salary  is  $1500  per  year. 

5.  Oil  Inspector — The  Oil  Inspector,  in  person  or 
by  deputies,  is  required  to  examine  and  test  the  quality 
of  all  petroleum  oils  offered  for  sale  within  the  State  for 
illuminating  purposes.  If  any  such  oils  are  found  to  be 
of  dangerous  character  they  are  condemned,  and  it  is 
made  unlawful  for  the  owner  to  sell  them  or  offer  them 
for  sale  after  condemnation  by  the  inspector.  The  in- 
spector collects  certain  fees  from  owners  of  oils  exam- 
ined and  tested  by  him.  Of  these  fees  he  retains  $2000 
per  year  as  his  compensation,  and  pays  the  remainder  into 
the  State  treasury. 

6.  Mine  Inspectors — There  are  three  mine  Inspectors. 
Practical  coal-miners  are  usually  selected  for  this  position. 
It  is  their  duty  to  inspect  the  various  mines  of  the  State, 


NON-ELECTIVE  STATE  OFFICERS  77 

and  see  tliat  the  laws  regulating  the  manner  of  operating 
them  are  ol>eyed.  They  receive  an  annnal  salary  of 
$1200  each. 

7.  Dairy  Coniinissiouer — The  Dairy  Commissioner 
is  re({uired  to  secure  as  far  as  possil)le  the  enforcement 
of  the  hiw  to  suppress  and  punish  the  fraudulent  sale  of 
imitation  butter  and  cheese.  His  salary  is  $1500  per 
year. 

8.  State  Librarian — The  State  Librarian  has  princi- 
pal charge  of  the  State  Library.      Salarv,  $1200. 

9.  Wardens — A  Warden  is  selected  for  each  of  the 
two  penitentiaries.  He  is  charged  witli  the  general  man- 
agement and  control  of  the  prison  over  which  he  is 
appointed.      Salary,  $2000. 

10.  Printer  and  Binder — The  State  Printer  and 
State  Binder,  as  their  titles  indicate,  j)rint  and  bind  the 
various  books,  reports,  and  ^jublic  documents  issued  by 
the  State.  They  receive  compensation  in  fees  according 
to  the  work  performed. 

11.  Other  Officers — Li  addition  to  officers  above 
named  we  have  a  Pharmacy  Commission,  which  examines 
and  certifies  to  the  competency  of  persons  wishing  to  en- 
gage in  buying  and  selling  drugs  and  medicines ;  a  Cus- 
todian of  Public  Buildings,  who  has  charge  of  the  State 
capitol  and  grounds;  a  Veterinary  Surgeon,  who  has 
general  supervision  of  contagious  and  infectious  diseases 
among  domestic  animals;  a  Fish  Commissioner,  wlio 
looks  after  the  preservation  of  fish  in  the  waters  of  the 
State  and  the  enforcement  of  the  laws  to  regulate  fish- 
ing ;  and  a  Superintendent  of  AYeights  and  Measures,  who 
has  charge  of  the  standards  of  weight  and  measure 
adopted  hy  tlie  State. 

12.  Trustees,  etc. — The   government   of   the    State 


TS     IOWA,  ITS  STATE  AND  LOCAL   GOVERNMENT 

charitable  and  educational  institutions  by  boards  of  trus- 
tees and  other  similar  bodies  will  be  hereinafter  explained. 
13.  Historical  Department — A  Curator  of  Histori- 
cal Collections  is  appointed  by  the  trustees  of  the  State 
Library.  Ilis  term  of  office  is  six  years,  and  salary 
$1200.  The  duty  of  this  officer  is  to  collect  and  arrange 
books,  records,  and  materials  illustrative  of  the  history 
of  Iowa  and  the  Western  States.  He  also  collects  and 
preserves  mementos  of  the  pioneers  and  soldiers  of  Iowa. 


CHAPTER   XII 

STATE     INSTITUTIONS 

1.  Educational — Tlie  State  has  established  three 
large  schools  for  the  higher  education  of  its  young  peo- 
ple. These  are  the  State  University  at  Iowa  City, 
the  State  Agricultural  College  at  Ames,  and  the  State 
]S"ormal  School  at  Cedar  Falls. 

2.  Reformatory — It  has  also  established  an  Indus- 
trial School  for  the  reformation  and  education  of  incor- 
rigible and  criminal  children  under  the  age  of  sixteen. 
This  school  has-  two  departments  or  branches — one  for 
boys  at  Eldora,  and  one  for  girls  at  Mitchellville. 

3.  Penal — For  the  detention  and  punishment  of  per- 
sons convicted  of  grave  offenses  against  the  laws  of  the 
State  there  are  penitentiaries  at  Fort  Madison  and  Ana- 
mosa.  At  the  latter  place  the  prison  has  a  separate 
department  for  women. 

4.  Cliarital)le — Iowa  has  also  made  generous  provi- 
sion for  its  needy  and  afflicted  Its  chief  benevolent 
institutions  are  the 


JUDICIAL  DEPARTMENT  79 

Hospital  for  tlie  Insane  at  Mt.  Pleasant ; 

Hospital  for  the  Insane  at  Independence ; 

Hospital  for  the  Insane  at  Clarinda ; 

Hospital  for  the  Insane  at  Cherokee ; 

School  for  tlie  Deaf  at  Council  Bluffs ; 

Institution  for  the  Feeble-minded  at  Glenwood ; 

College  for  the  Blind  at  Vinton ; 

"  Industrial  Home  for  the  Blind  at  Knoxville ; 

Soldiers'  Home  at  Marshalltown  ; 

Soldiers'  Orphans'  Home  at  Davenport. 
6.  Supervisiou — The  general  supervision  of  the  State 
University  is  exercised  by  a  Board  of  Regents  consisting 
of  the  Governor  of  the  State  and  the  Superintendent  of 
Public  Instruction,  together  with  one  person  from  each 
congressional  district  of  the  State  elected  by  the  General 
Assembly.  The  governing  board  of  the  Soldiers'  Home 
consists  of  six  commissioners  appointed  by  the  Gover- 
nor. All  the  other  State  institutions  except  the  peni- 
tentiaries are  managed  by  boards  of  trustees  elected  by 
the  General  Assembly. 


CHAPTER   XIII 

JUDICIAL    DEPARTMENT 

1.  Judicial  Power  (98) — The  judicial  power  of  the 
State  is  vested  in  a  Supreme  Court,  District  Court,  and 
such  other  inferior  courts  as  the  General  Assembly  may 
from  time  to  time  estaljlish. 

2.  Supreme  Court  (OO) — As  originally  established, 
the  Supreme  Court  consisted  of  three  Judges;  but  under 
the  power  given  the  General  Assembly  to  increase  the 


80     IOWA,  ITS  STATE  AND  LOCAL   GOVERNMENT 

number  of  Judges,  the  court  as  now  constituted  lias  six 
members. 

3.  Election  and  Term  (100) — The  Judges  are 
elected  by  the  qualified  voters  of  tlie  State  for  terms  of 
six  years  each — the  terms  being  so  classified  that  one 
Judge  is  elected  each  year.  The  Judge  having  the 
shortest  time  to  serve  acts  as  Chief  Justice.  Under  this 
plan  each  Judge  in  turn  occupies  the  position  of  Chief 
Justice  during  the  closing  year  of  his  term  of  oifice.  A 
Judge  of  the  Supreme  Court  is  ineligible  to  any  other 
State  office  during  the  term  for  which  he  is  elected. 

4.  Jurisdiction  (101) — The  Supreme  Court  has  ap- 
pellate jurisdiction  in  cases  in  chancery,  and  is  a  court 
for  the  correction  of  errors  at  law.  It  has  no  original 
jurisdiction,  that  is,  no  suit  or  action  of  any  kind  can  be 
first  begun  in  the  Supreme  Court.  All  legal  proceed- 
ings are  begun  in  some  of  the  lower  courts,  and  are 
brought  into  the  Supreme  Court  by  appeal. 

5.  Chancery  and  Law  (101) — For  the  purposes  of 
this  work,  tlie  distinction  between  chancery  and  law  may 
be  thus  ex^^lained :  All  cases  brought  in  court  for  a  mere 
money  demand,  as  for  instance  an  ordinary  action  to 
collect  a  debt  or  recover  damages,  are  triable  to  a  jury 
and  are  called  actions  at  law ;  while  all  cases  in  which 
something  more  than  a  mere  money  judgment  is  asked, 
as  the  granting  of  a  divorce,  the  foreclosure  of  a  mort- 
gage, or  the  setting  aside  a  fraudulent  deed,  are  triable 
to  the  court  without  a  jury,  and  are  called  suits  in 
chancery. 

O.  On  Appeal  (lOl) — On  appeal  in  a  chancery  case 
the  Supreme  Court  heai's  and  decides  the  controversy 
upon  its  merits  without  any  reference  to  the  decision 
from  which  the  aj^peal  is  taken  ;   but  upon  an  appeal  in 


JVDICIAL  DEPARTMENT  81 

AW  action  at  law  it  considers  only  tlie  alleged  errors  or 
ini])ro[)er  rulings  of  the  lower  court,  and  if  it  finds  that  a 
mistake  has  been  made  sends  the  case  back  for  new  trial. 
If  no  error  is  found  the  judgment  appealed  from  is  af- 
firmed, 

7.  Clerk — The  Clerk  of  the  Supreme  Court  keeps  the 
records  of  the  proceedings  of  that  tribunal,  and  issues  all 
writs  and  orders  necessary  to  carry  its  decisions  into 
effect. 

8.  Reporter — The  decisions  of  the  Supreme  Court 
are  ordinarily  accompanied  by  written  opinions  declaring 
and  explaining  the  law  upon  the  points  or  questions  de- 
cided. It  is  the  duty  of  the  Reporter  to  collect  and  pub- 
lish these  o[)inions  in  book  form.  The  series  of  books 
thus  issued  is  known  as  the  "  Iowa  Reports." 

9.  Terms  of  Office — The  Clerk  and  Reporter  are 
elected  for  terms  of  four  years  each,  beginning  with  the 
year  1874. 

10.  District  Court  (102) — The  State  was  originally 
divided  hito  eleven  judicial  districts,  in  each  of  which  was 
selected  one  District  Judge.  The  districts  now  number 
twentv,  are  of  irreo;ular  size,  and  have  from  one  to  four 
judges  each.  The  court  consists  of  a  single  Judge.  Al- 
though there  may  be  two  or  more  Judges  in  a  District, 
they  do  not  sit  together  for  the  trial  of  cases.  In  this 
manner  the  court  may  be  in  session  at  several  different 
places  in  the  same  district  at  the  same  time. 

11.  Election  of  Judges  (102) — Judges  of  the  Dis- 
trict Court  are  elected  for  terms  of  four  years  each  by 
the  qualified  voters  of  their  respective  districts,  and  dur- 
ing the  term  for  which  they  are  elected  are  ineligil)le 
to  any  other  State  office  except  that  of  Judge  of  the 
Supreme  Court. 


82     IOWA,  ITS  STATE  AND  LOCAL   GOVERNMENT 

12.  Jurisdictiou  (103) — The  District  Court  is  a 
court  of  law  and  equity.  The  word  "equity"  as  here 
used  is  equivalent  to  the  word  ' '  chancery  ' '  already  ex- 
plained. Its  jurisdiction  embraces  practically  every 
kind  of  legal  controversy,  civil  and  criminal.  All  civil 
actions  where  the  amount  in  controversy  is  over  one 
hundred  dollars  must  be  brought  in  the  District  Court, 
while  those  involving  a  less  sum  may  also  be  brought 
there  or  in  a  justice's  court,  at  the  option  of  the  com- 
plaining party. 

13.  Conservators  of  tlie  Peace  (104) — Judges 
of  the  Sujjreme  and  District  Court  are  conservators  of 
the  peace  throughout  the  State.  ' '  Conservator  of  the 
Peace  "  is  an  ancient  term  aj^j^lied  to  an  ofhcer  who  has 
the  authority  to  preserve  the  public  peace,  as  in  the 
prevention  and  suppression  of  rioting,  fighting,  and 
brawling. 

14.  Style  of  Process  (105) — By  "process"  is  meant 
any  writ  or  order  issued  by  the  court  commanding  a 
public  officer  or  private  citizen  to  do  or  not  to  do  some 
specified  act.  "  Style,"  as  here  used,  is  the  name  indi- 
cating the  authority  by  which  the  process  is  issued  and 
may  be  enforced.  The  style  of  all  process  is  "The 
State  of  Iowa."  For  example,  if  a  writ  is  issued  com- 
manding the  sherifl:  to  arrest  a  person  or  to  do  any  other 
ofiicial  act  it  will  be  directed  to  him  in  substantially  the 
following  form :  "The  State  of  Iowa, — To  the  Sheriif 
of  Blank  County:  You  are  hereby  commanded,"  etc. 
All  criminal  prosecutions  are  conducted  in  the  same 
manner. 

15.  County  Attorney  (112) — At  the  general  elec- 
tion in  each  even-numbered  year  the  qualified  voters 
of  each  county  elect  a  prosecuting  attorney,  whose  duty 


JUDICIAL  DEPARTMENT  83 

it  is  to  represent  tlie  State  and  County  in  tlie  various 
courts  and  to  conduct  all  criminal  prosecutions.  A 
criminal  prosecution  must  always  be  begun  in  the  county 
where  the  offense  is  committed. 

16.  Salaries — The  salaries  of  the  several  officers  of 
the  judicial  department  are  as  follows : 

Judge  of  the  Supreme  Court $4000 

Judge  of  the  District  Court 2500 

Clerk  of  the  Sui)reme  Court 2200 

Reporter  of  the  Supreme  Court   2200 

The  compensation  of  county  attorneys  is  fixed  by  the 
Board  of  Supervisors  in  each  county,  and  varies  from 
$300  to  $1500,  according  to  the  population  and  amount 
of  business  to  be  performed. 

17.  Grand  Jury  (114) — At  each  regular  term  of 
the  District  Court  a  Grand  Jury  is  impaneled.  It  may 
consist  of  any  number  of  persons,  not  less  than  five  nor 
more  than  fifteen,  as  the  General  Assembly  may  by  law 
provide. 

18.  Duty  of  Grand  Jury — It  is  the  duty  of  the 
Grand  Jury  to  incjuire  into  all  indictable  oifenses  com- 
mitted wathin  the  county  and  to  return  indictments 
against  the  persons  believed  to  be  guilty  thereof,  if  the 
evidence  obtained  is  sufficient  to  justify  such  action.  As 
elsewhere  explained,  an  indictment  is  simply  an  accu- 
sation made  by  the  Grand  Jury  charging  the  person 
therein  named  with  some  specific  offense.  All  offenses 
the  punishment  of  which  may  exceed  a  fine  of  one  hun- 
dred dollars  or  thirty  days  in  the  county  jail  are  in- 
dictable. 

19.  Trial  Jury — When  a  person  has  been  indicted 
and  arrested  he  enters  a  plea  of  "guilty"  or  "not 
guilty  "  to  the  charge  made  against  him.      If  the  plea  is 


84     IOWA,  ITS  STATE  AND  LOCAL   GOVERNMENT 

"not  guilty,"  lie  is  put  upon  trial.  For  this  purpose 
a  Trial  Jury  is  formed  entirely  distinct  from  tlie  Grand 
Jury.  All  jurors  must  be  citizens,  residents,  and  lawful 
voters  in  the  county  where  they  serve. 

20.  Administration  of  Justice — The  method  of 
administering  justice  in  criminal  cases  may  be  thus 
briefly  stated :  The  Grand  Jury  accuses,  the  Sheriif 
arrests,  the  County  Attorney  prosecutes,  the  Trial  Jury 
renders  the  verdict  "guilty  "  or  "not  guilty,"  and  the 
Judge  enters  judgment  according  to  the  verdict  so 
rendered.  The  Judge  also  presides  at  the  trial,  rules 
upon  objections  to  the  introduction  of  evidence,  and 
decides  all  questions  of  law. 

CHAPTER  XIV 

THE    STATE     MILITIA 

1.  Of  Whom  Composed  (115)  —  All  able-bodied 
male  citizens  of  the  State,  between  the  ages  of  eighteen 
and  forty-five  years,  constitute  the  Militia,  and  may  at 
any  time  be  called  upon  by  the  State  to  be  organized 
into  companies  and  regiments,  and  to  receive  military 
drill  and  instruction. 

2.  Not  Org-anized — The  power  of  the  State  in  this 
respect  has  never  been  exercised.  The  danger  of  war 
is  considered  too  remote  to  justify  the  annoyance  and 
expense  of  maintaini-ng  a  general  organization,  and  the 
militia  remains  an  unoi'ganized  but  powerful  reserve 
force,  liable  to  be  called  into  service  at  any  time  when 
the  public  safety  seems  to  recpiire  it. 

3.  Natitmal  Guard — A  small  volunteer  force  known 
as  the  National  Guard  is  authorized  by  the  laws  of  the 


STATE  DEBTS  85 

State.  It  is  at  present  organized  into  two  brigades, 
each  connnandcd  by  a  brigadier-general,  M'ith  the  nsual 
regimental  and  company  otticers. 

The  Governor  is  connnander-in-chief,  and  may  call  out 
any  ^^ri  or  all  of  the  Gnard  whenever  it  is  necessary  to 
repel  invasion,  or  to  prevent  or  suppress  insurrection, 
riot,  or  other  l)reach  of  the  peace. 

4.  Exemption  (11(5) — Persons  who  are  conscien- 
tiously opposed  to  bearing  arms  may  be  exempted  from 
military  duty  in  times  of  peace  by  payment  of  such 
reasonable  commutation  as  may  be  provided  by  law. 

5.  Election  of  Officers  (117) — All  connnissioned 
ofticers  of  the  militia,  except  staff  officers,  are  elected 
by  the  persons  liable  to  military  duty,  and  receive  tlieir 
commissions  from  the  Governor. 


CHAPTER  XY 

STATE    DEBTS 

1.  The  Public  Credit  (118) — The  State  cannot  law- 
fully give  or  lend  its  credit  to  any  individual,  associa- 
tion, or  corporation.  It  is  also  forbidden  to  assume 
tlie  debts  or  liabilities  of  any  individual,  association,  or 
corporation  unless  incurred  in  time  of  war  for  the  benefit 
of  the  State. 

2.  Limitation  of  Indebtedness  (119) — Debts  may 
be  contracted  to  meet  necessary  expenses  which  have  not 
been  otherwise  provided  for,  or  to  supply  any  deficiency 
in  the  ordinary  income  of  tlie  State,  but  the  total  amount 
of  such  indebtedness  must  never  exceed  two  hundred 
and  fifty  tlicusand  dollars. 


86     IOWA,  ITS  STATE  AND  lOCAL   GOVERNMENT 

3.  A  Wise  Restriction — The  wisdom  of  tliis  con- 
stitutional safeguard  against  burdensome  public  debt  has 
been  demonstrated  by  the  experience  of  many  other 
States  which,  in  the  absence  of  such  limitation,  have 
given  the  aid  of  their  credit  to  railroad  and  other  private 
enterprises,  and  indulged  in  extravagant  expenditures 
until  brought  to  the  verge  of  bankruptcy. 

4.  Losses  to  School  Fund  (120) — As  explained  in 
a  subsequent  chapter,  the  State  has  provided  certain 
funds,  the  income  from  which  is  devoted  to  the  support 
of  its  schools.  If  any  loss  occurs  to  these  funds  by  the 
fraud,  wn'ong,  or  mismanagement  of  the  agents  or  offi- 
cers in  charge  of  them,  such  loss  is  to  be  treated  as  a 
permanent  debt  of  the  State,  upon  which  not  less  than 
six  per  cent  interest  shall  be  paid. 

5.  War  Debts  (121) — Debts  may  also  be  contracted 
beyond  the  limit  named  in  the  second  paragraj^h  of  this 
chapter  whenever  such  step  is  necessary  to  repel  invasion, 
suppress  insurrection,  or  defend  the  State  in  time  of  war. 
Moneys  raised  under  the  extraordinary  power  thus  given 
must  not  be  applied  to  any  other  purpose  whatever. 

6.  Other  Debts  (122) — Other  debts  may  be  au- 
thorized by  law  for  some  single  specified  work,  when 
the  law  providing  for  such  ivork  also  provides  for  a  tax 
with  which  to  meet  the  expense  incurred,  and  the  same 
has  been  approved  by  a  vote  of  the  people. 

ISTo  debt  has  ever  been  contracted  by  the  State  under 
this  provision. 


COBPORATIONS  87 


CIIAPTEK  XYI 

CORPORATIONS 

1.  Word  Defined — A  corporation  is  ordinarily  an 
association  of  several  persons  organized  in  the  iiianiier 
prescribed  by  law  and  given  power  to  act  and  transact 
business  as  a  single  individual.  A  single  individual  may 
also  become  incorporated  by  complying  with  certain  legal 
requirements. 

3.  Corporations  for  Profit — A  corporation  for  ju'ofit 
is  one  organized  for  the  purpose  of  carrying  on  a  busi- 
ness or  enterprise  for  the  pecuniary  benefit  of  its  mem- 
bers. Each  member  puts  in  such  definite  portion  or 
share  of  the  capital  stock  as  he  may  subscribe,  and  be- 
yond the  amount  so  subscribed  is  not  personally  liable 
for  any  of  the  corporate  debts. 

3.  Other  Corporations — Corporations  are  also  fre- 
quently organized  for  religious,  educational,  or  social 
purposes.  Many  churches,  lodges,  societies,  schools,  and 
like  organizations  become  corporate  bodies  of  this  class. 
Such  corporations  ordinarily  have  no  capital  stock. 

4.  Corporate  Name — Each  corporation  adopts  a  dis- 
tinctive name,  by  which  it  is  known  and  in  which  all  its 
business  is  transacted. 

5.  Utility  of  Corporations — Nearly  all  railroads, 
canals,  and  other  great  works  of  internal  improvement 
have  been  constructed  by  corporations.  Enterprises  of 
this  kind  require  such  vast  sums  of  money  and  are  sub- 
ject to  so  great  risks  that  few  if  any  men  could  be  found 
with  sufiicient  ca])ital  to  undertake  them,  or,  having  the 


88     IOWA,  ITS  STATE  AND  LOCAL   GOVERNMENT 

capital,  would  consent  to  so  hazard  it.  Bj  the  use  of 
corporations,  however,  a  large  number  of  people  unite 
their  comparatively  small  contributions  into  a  large  ag- 
gregate sum,  and  thus  accomplish  great  works  which 
otherwise  would  never  be  undertaken.  In  the  same 
manner  the  most  of  the  innnense  manufacturing  and 
business  enterprises  of  modern  times  are  rendered  possible. 

6.  Subject  to  Control — In  view  of  the  valuable 
privileges  conferred  upon  corporations,  and  of  the  great 
power  and  influence  exercised  hy  aggregated  wealth,  the 
State  reserves  the  right  to  regulate  the  manner  in  which 
they  may  be  formed  and  in  which  they  shall  transact 
business.  The  State  may  also  by  proper  proceedings 
in  court  have  a  corporation  dissolved  and  its  right  to  do 
business  annulled  whenever  it  fails  to  observe  the  law. 

7.  How  Created — It  was  formerly  the  practice  in 
most  States  to  create  each  corporation  by  special  act  of 
the  legislature.  This  plan  was  found  to  be  productive  of 
abuses  and  sometimes  of  corruption  among  legislators,  and 
is  now  quite  generally  abandoned.  Our  own  C^onstitution 
(125)  forbids  special  legislation  of  this  kind.  A  general 
law  has  been  enacted  prescribing  certain  simple  rules  and 
regulations  by  which  any  j^erson  or  persons  may  become 
incorporated. 

8.  Property  Taxable  (120) — The  property  of  cor- 
porations is  taxable  in  the  same  manner  as  the  property 
of  individuals. 

9.  State  not  to  be  a  Stockholder  (127) — The  State 
cannot  become  a  stockholder  in  any  corporation,  nor  can 
it  lawfully  assume  the  debt  of  any  corpoi'ation  unless  in- 
curred in  time  of  war  for  the  benefit  of  the  State. 

10.  Municipal  Corporations  (128)  —  Counties, 
cities,  towns,  and  school  districts,  into  which  the  State  is 


CORPORATIONS  89 

divided  for  tiie  purposes  of  local  ijjovernmeiit,  are  called 
political  or  municipal  corporations,  though  the  latter  term 
is  more  often  confined  to  incorporated  cities  and  towns. 
All  such  corporations  are  forbidden  to  become  stockliold- 
ers  in  any  banking  corporation,  directly  or  indirectly. 

11.  Banking  Corporations  (129  to  1.30) — Sections 
5  to  12  inclusive  of  Article  8  of  the  (Constitution,  ])rovide 
the  manner  in  which  corporations  with  general  banking 
powers  nuiy  be  created.  The  banks  here  referred  to  are 
such  as  have  the  right  to  issue  bills  or  notes  to  be  circu- 
lated as  money;  but  under  the  law  of  the  United  States 
providing  for  the  national  banking  system,  State  banks 
of  issue  ceased  to  be  profitable  and  no  longer  exist. 
These  constitutional  provisions  are  therefore  of  no  present 
importance.  Banks  of  deposit  and  exchange  are  provided 
for  by  act  of  the  General  Assembly. 

12.  Transportation  Companies — Railroads,  express 
and  other  corporations  organized  for  the  purpose  of  carry- 
ing passengers  and  freight  are  sometimes  spoken  of  as 
public  corporations.  Though  owned  by  private  parties 
their  duties  are  of  a  semi-public  nature,  and  the  State 
assumes  the  I'ight  to  supervise  and  regulate  their  dealings 
with  the  people.  We  have  already  noticed  how  this 
supervision  is  exercised  through  the  Board  of  Bailroad 
Commissioners. 

13.  Commerce — All  buying  and  selling  in  which 
goods  or  merchandise  is  transported  from  one  town  or 
place  to  another  is  commerce.  The  Constitution  of  the 
United  States  (Y.  C.  B.  109)  reserves  to  Congress  alone 
the  power  to  regulate  commerce  between  the  States.  The 
State  therefore  cann(jt  interfere  with  any  corporation  in 
the  business  of  carrying  passengers  or  freight  from  any 
point  without  the  State  to  any  jioint  w'ithin  it,  or  from 


90     TOWA,  ITS  STATE  AND  LOCAL   GOVERNMENT 

anj  point  witliin  tlie  State  to  any  point  without,  except 
where  Congress  has  expressly  relinquished  its  supremacy. 
14.  How  Keg'iilated — For  the  general  n  gulation  of 
commerce  between  the  States,  Congress  has  enacted  the 
Interstate  Commerce  Law,  and  provided  for  a  national 
Board  of  Railway  Commissioners  appointed  by  the  Pres- 
ident of  the  United  States,  The  State  has  supreme  au- 
thority over  all  traffic  between  the  different  cities,  towns, 
and  neighborhoods  within  its  own  borders. 


CHAPTER  XYII 

PUBLIC    EDUCATION 

1.  Obsolete  Provisions  (138) — Sections  1  to  15,  in- 
clusive, of  Article  9  of  the  Constitution  created  a  State 
Board  of  Education,  consisting  of  the  Lieutenant-Gov- 
ernor and  one  additional  member  from  each  judicial 
district. 

The  General  Assembly  was  given  power  to  change  or 
abolish  this  lioard  at  any  time  after  the  year  1863,  and 
did  in  fact  abolish  it  in  ISO-l,  since  which  time  the  sec- 
tions above  mentioned  have  been  inoperative. 

2.  School  LiJiiuls — By  the  liberality  of  the  Govern- 
ment of  the  United  States,  large  grants  of  public  lands 
were  many  years  ago  made  to  the  State  for  the  benefit 
of  its  schools.  Some  of  these  lands  were  appropriated 
to  the  special  use  of  tha  State  University,  others  to  the 
State  Agricultural  College,  and  the  remainder  to  the 
connnon  schools. 

3.  Educational  Funds — The  moneys  arising  from 
the  sales  of  these  lands  constitute  jjerpetual  or  perma- 


rUBLW  EDUCATION  91 

nent  funds,  wliich  are  kept  invested  in  interest-bearing 
secnrities,  and  the  income  thus  realized  is  distributed  at 
stated  periods  to  the  several  beneficiaries. 

4.  Escheats  (141) — AVhen  a  person  dies  leaving  no 
will  or  heir,  his  property  goes  to  the  State,  and  beccjines 
a  part  of  the  permanent  fund  for  the  support  of  com- 
mon schools. 

Property  thus  coming  to  the  State  is  called  in  law 
an  escheat. 

5.  Temporary  Scliool  Fund  —  All  forfeitures  and 
fines,  and  the  proceeds  of  the  sales  of  lost  goods  and  es- 
tray  animals,  are  paid  into  the  county  treasury  and  con- 
stitute the  Temporary  School  Fund.  All  moneys  in 
this  fund  are  distributed  among  the  several  school  dis- 
tricts of  the  county  at  least  once  in  each  year. 

6.  How  Distributed  (145)  —  The  interest  derived 
from  the  Permanent  School  Fund,  together  with  the 
moneys  in  the  Temporary  Fund,  are  distributed  to  all 
the  school  districts  in  proportion  to  the  number  of 
youths  between  the  ages  of  five  and  twenty-one  years. 

7.  State  University — It  is  provided  by  law  that 
"  the  object  of  the  State  University  shall  be  to  provide 
the  best  and  most  eflicient  means  of  imparting  to  young 
men  and  women  on  equal  terms,  a  liberal  education  and 
thorough  knowledge  of  literature,  the  arts  and  sciences, 
with  their  varied  applications." 

8.  Preparation  Required — So  far  as  practicable, 
the  courses  of  study  in  the  University  begin  where  the 
same  are  completed  in  the  high  schools;  and  no  student 
can  be  admitted  Avho  has  not  completed  the  elementary 
studies  in  such  branches  as  are  taught  in  the  common 
schools. 

9.  State  Agricultural  College — This  institution,  now 


92     IOWA,  ]T8  STATE  AND  LOCAL  GOVERNMENT 

commonly  known  as  the  "  State  College,"  provides  for 
tlie  student  abroad,  lil)eral,  and  practical  course  of  study, 
in  wliicli  the  leadiiio;  branches  of  learning  relate  to  agri- 
cultui'e  and  the  mechanic  arts.  It  also  embraces  such 
other  lines  of  study  as  will  most  practically  and  liberally 
educate  the  agricultural  and  industrial  classes  in  the 
several  pursuits  and  professions  of  life,  including  military 
tactics. 

10.  State  Normal  School — The  State  Normal  School 
is  established  and  maintained  for  the  special  instruction 
and  training  of  teachers  for  the  common  schools, 

11.  Work  Accomplished — Each  of  these  schools  has 
been  very  successful  in  its  special  line  of  work.  All 
have  a  libei-al  attendance  of  students,  and  many  of  their 
graduates  have  achieved  a  high  degree  of  success  and 
fame  in  the  various  pursuits  of  life. 

12.  Comity  High-Schools — Each  county  may,  by 
complying  with  certain  conditions,  establish  a  High 
School  for  the  purpose  of  affording  advanced  pupils 
better  educational  facilities  than  are  ordinarily  found  in 
district  schools. 

13.  High-School  Departments — For  some  reason 
very  few  counties  in  the  State  have  ever  availed  them- 
selves of  the  benefit  of  this  law,  but  most  of  the  graded 
schools  in  cities  and  towns  of  any  importance  have  high- 
school  grades  or  departments,  affording  all  the  advan- 
tages which  could  be  derived  from  a  county  school. 

14.  School  Districts — The  organization  and  govern- 
ment of  School  Districts  will  be  considered  in  a  subse- 
quent chapter. 


CONSTITUTIONAL  AMENDMENTS  93 

CHAPTER  XYIII       , 

CONSTITUTIONAL    AMENDMENTS 

1.  How  Proposed  (140) — Any  amendment  to  the 
Constitution  may  be  proi)Oscd  in  either  house  of  the 
General  Assembly,  and,  if  agreed  to  by  a  majority  of 
all  the  members  elected  to  each  house,  it  is  then  laid 
over  to  be  acted  upon  by  the  next  General  Assembly. 
Before  the  next  election  notice  of  the  proposed  amend- 
ment is  published  throughout  the  State,  and  if  the  Gen- 
eral Assembly  next  elected  agrees  to  it  by  a  like  majority, 
the  question  is  finally  submitted  to  a  vote  of  the  people. 
If  these  various  steps  have  been  regularly  pursued,  and 
a  majority  of  those  voting  upon  tlie  question  is  found  to 
be  in  favor  of  the  proposition,  the  amendment  becomes 
part  of  the  Constitution. 

2.  Why  these  Formalities — As  the  standard  l)y 
which  all  legislative  acts,  judicial  decisions,  and  private 
rights  are  to  be  determined,  it  is  a  matter  of  great  im- 
portance that  the  Constitution  be  as  fixed  and  stable  as 
possible,  and  that  all  proposed  changes  be  tlioroughly 
discussed  and  understood  by  the  people.  By  the  plan 
above  outlined,  at  least  two  years  are  given  for  the  dis- 
cussion and  examination  of  a  proposed  amendment,  and 
an  effectual  guard  is  thus  created  against  hasty  and  ill- 
advised  changes. 

3.  Separate  Vote  (147) — If  two  or  more  amend- 
ments are  submitted  at  the  same  time,  it  must  be  done 
in  such  manner  that  they  can  l)e  voted  upon  separately. 
Of  several  amendments  the  voter  may  desire  to  support 


94     IOWA,  ITS  STATE  AND  LOCAL   GOVERNMENT 

some  and  oppose  others,  and  this  provision  for  a  separate 
vote  enables  him  to  do  so. 

4.  Coustitptional  Couventiou  (148) — Once  every 
ten  years,  beginning  with  the  year  1870,  tlie  qnestion 
"  Sliall  there  be  a  Convention  to  revise  the  Constitution 
and  amend  the  same  ?  "  is  submitted  to  the  voters  of  the 
State. 

The  General  Assembly  may  also  submit  the  question 
at  any  time.  If  a  majority  of  votes  is  cast  in  the  affirm- 
ative, the  General  Assembly  at  its  next  session  provides 
for  the  election  of  delegates  to  such  convention  by  the 
duly  qualified  voters  of  the  State. 

5.  Work  of  Convention — The  delegates  thus  selected 
meet  and  make  such  revision  of  the  Constitution  as  they 
deem  wise ;  but  before  their  work  is  of  any  validity  it 
must  be  approved  by  the  voters  of  the  State  at  an  elec- 
tion held  for  that  purpose.  Since  the  adoption  of  the 
present  Constitution,  in  the  year  1857,  no  convention 
has  been  called. 

6.  Amendments  Adopted. — Prior  to  the  year  1863 
negro  slavery  prevailed  in  nearly  one  half  of  the  nation, 
and  even  in  the  free  States  there  were  strong  prejudices 
against  conceding  equal  political  rights  to  colored  citi- 
zens.  Under  these  influences  the  Constitution  of  the 
State,  as  originally  adopted,  excluded  this  class  of  people 
from  the  right  of  suffrage  (30)  and  the  right  to  member- 
ship in  the  General  Assembly  (40,  41).  It  also  excluded 
them  from  enumeration  in  the  census  (70),  from  rei)re- 
sentation  in  both  liouses  of  the  General  Assembly 
(71,72),  and  from  the  State  militia  (115).  All  these 
discriminations  were  abolished  by  amendments  adopted 
in  the  year  1868. 

7o  Otlier  Amendments — Several  other  amendments 


MISCELLANEOUS  PRO  VISIONS  95 

have  been  ado^jted,  and  will  be  found  clearly  noted  in 
their  proper  connection  in  the  text  of  the  Constitution 
(see  Chapter  I). 

CHAPTER  XIX 

MISCELLANEOUS  "PROVISIONS 

1.  Justices' Courts  (149) — The  jurisdiction  of  Jus-    .^ 
tices  of  the  Peace  extends  to  all  civil  cases  within  their  ^^^^ 
respective  counties,   where  the  amount  in   controversy  Hs'  '^ 
does  not  exceed  one  hundred  dollars,   except  cases  in  V 
chancery.      By  consent  of  the  parties  the  jurisdiction  i 
may  be  extended  to   any  amount  not  exceeding  three 
hundred  dollars.          (L^^:*?   ^^"t^  u.^.6c^.-v„ t^U --^  tL  i^x^^^- 

2.  Jurisdiction  Defined — By  the   word  "  jurisdic-      i^^' 
tion"   as  ajjplied  to  courts,  is  meant  the  authority  to      /*i^j 
hear,  try,  and  determine  cases  and  proceedings  brought 

for  the  settlement  of  legal  controversies,  and  the  jiower 
to  declare  and  enforce  the  law. 

3.  New  Counties  (150) — Xo  new  county  can  be 
created  having  less  than  four  hundred  and  thii"ty-two 
scpiare  miles.  Tliis  area  is  the  equivalent  of  twelve 
townsliips,  according  to  the  government  survey.  Coun- 
ties are  organized  for  local  government  and  local  con- 
venience, and  to  make  them  unnecessarily  numerous 
would  increase  the  public  expense  for  court-houses  and 
salaries  of  county  officers,  without  compensatory  advan- 
tages. 

4.  Exception  (150) — ^Voi'th  county  and  the  counties 
west  of  it  along  the  northern  boundary  of  the  State  are 
excepted  from  this  rule,  and  may  be  organized  with  an 
area  less  than  four  hundred  and  thirty-two  square  miles. 


96     IOWA,  ITS  STATE  AND  LOCAL   GOVERNMENT 

This  exception  is  made  because  tlie  iiortli  boundary 
of  tlie  State  (which  is  forty-tliree  degrees  and  tliirty 
niinntes  north  latitude)  hes  a  little  south  of  the  north 
line  of  the  surveyed  townships  along  that  border.  This 
discrepancy  places  a  small  portion  of  each  of  these  bor- 
dering townships  over  the  line  in  the  State  of  Minnesota, 
but  the  larger  fractions  left  under  the  jurisdiction  of 
Iowa  are  treated  as  full  townships  for  the  purposes  of 
county  organization. 

5.  Limit  of  luclebtedness  (151) — No  county,  city, 
town,  or  school  district  is  allowed  to  become  indebted 
in  any  manner  or  for  any  purjDOse  to  an  amount  exceed- 
ing five  per  centum  of  the  assessed  value  of  the  taxable 
property  within  its  jurisdiction.  Any  contract  or  prom- 
ise to  jiay  in  excess  of  this  limit  is  void,  and  cannot  be 
enforced  at  law. 

6.  Oath  of  Office  (153) — Every  person  elected  or 
appointed  to  any  ofhce  is  required  before  entering  thereon 
to  take  an  oath  or  afhrmation  that  he  will  support  the 
Constitution  of  the  United  States  and  of  the  State  of 
Iowa,  and  will  faithfully,  impartially,  and  to  the  best 
of  his  ability  discharge  the  duties  of  such  otRce. 

7.  Vacancies  in  Office  (154) — A  vacancy  occurring 
in  any  elective  office  is,  as  a  rule,  temporarily  filled  by 
appointment.  The  person  appointed  holds  only  until 
the  next  regular  election,  at  which  time  some  one  is 
elected  to  fill  the  place.  He  who  is  thus  elected  to  fill 
a  vacancy  holds  tlie  office  for  the  remainder  of  the  un- 
expired term. 

8.  Appointments — Appointments  to  fill  vacancies 
are  made  as  follows  : 

By  the  Supreme  Court,  in  the  offices  of  clerk  and 
reporter  of  the  Supreme  Court ; 


MISCELLANEOUS  PROVISIONS  97 

By  the  Governor,  in  all  other  State  offices  and  in  the 
membership  of  any  board  or  commission  created  by  the 
State ; 

By  the  Board  of  Supervisors,  in  all  county  offices  ex- 
cept in  the  office  of  supervisor,  which  is  tilled  by  the 
county  auditor,  clerk,  and  recorder; 

By  the  Townsliip  Trustees,  in  all  township  offices  ex- 
cc\)t  where  the  offices  of  all  three  trustees  are  vacant, 
when  the  township  clerk  may  appoint; 

By  the  Mayor  or  by  the  Mayor  and  Council,  in  all 
municipal  offices  except  in  cases  where  a  special  election 
is  provided  for  by  law. 

A  vacancy  in  either  house  of  the  General  Assembly 
cannot  be  filled  by  appointment,  but  in  such  case  the 
Governor  issues  an  order  for  a  special  election  by  the 
people  of  the  district  where  the  vacancy  exists. 

9,  State  Capital  (156) — The  seat  of  government  is 
permanently  established  at  Des  Moines,  and  the  State 
University  at  Iowa  City.  Neither  can  be  changed  or 
removed  to  any  other  location  without  a  constitutional 
amendment. 

10.  Schedule  (157-159) — Article  12  of-the  Consti- 
tution, entitled  "  Schedule,"  is  in  effect  an  appendix  to 
the  main  body  of  the  instrument  prescribing  when  and 
how  the  Constitution  should  take  effect,  the  time  of 
holding  the  first  elections  thereunder,  and  other  similar 
matters  whose  temporary  purposes  have  been  served 
and  require  now  no  special  consideration. 


98     IOWA,  ITS  STATE  AND  LOCAL   GOVERNMENT 


CHAPTEE  XX 

COUNTIES    AND    COUNTY    GOVERNMENT 

1.  Number  aud  Area — The  State  is  divided  into 
ninetj-iiine  counties.  With  a  few  exceptions  tliese 
counties  are  rectangular  in  form  and  contain  either 
twelve  or  sixteen  surveyed  townships,  each  six  miles 
square. 

2.  County-seats — Each  county  has  selected  some 
convenient  town  or  site  as  its  seat  of  local  government. 
At  this  place,  known  as  the  "county-seat,"  are  erected 
a  court-house  and  offices  for  the  several  county  officers. 
Here  the  terms  of  the  District  Court  are  held,  the 
records  of  the  county  are  kept,  and  the  county  business 
generally  is  transacted.  County-seats  may  be  changed 
or  re-located  by  vote  of  the  people  at  an  election  prop- 
erly called  for  that  purpose. 

3.  County  Otiicers — The  officers  of  the  county  are 
Supervisors,  Auditor,  Treasurer,  Recorder,  Clerk  of  the 
District  Court,  Sheriff,  County  Attorney,  Suj^erintend- 
ent  of  Schools,  Surveyor,  and  Coroner. 

4.  Supervisors — The  general  supervision  and  manage- 
ment of  county  affairs  is  intrusted  to  a  Board  of  Super- 
visors. The  board  regularly  consists  of  three  persons, 
but  by  vote  of  the  people  the  membership  may  be 
increased  to  five  or  seven.  They  are  elected  for  terms 
of  three  years  each,  but  the  terms  must  be  so  arranged 
that  at  least  one  Supervisor  may  be  elected  each  year. 

5.  Duties  of  Board — The  Board  of  Supervisors  is 
charged  with  nnmerous  and  important  duties,  the  most 
important  of  which  are  as  follows : 


COUNTIES  AND   COUNTY  GOVERNMENT  99 

{a)  To  manage  and  control  the  county  property. 

(b)  To  settle  with  all  county  officers  concerning  the 
receipts  and  expenditures  of  their  several  offices. 

(c)  To  build  and  keep  in  repair  the  necessary  comity 
buildings  and  all  county  bridges. 

{d)  To  establish,  change,  and  vacate  public  roads. 

{e)  To  provide  for  the  relief  and  support  of  the  poor 
of  the  county. 

{/)  To  examine  all  claims  made  against  the  county 
and  allow  such  as  they  find  to  be  just. 

{g)  To  canvass  the  votes  of  the  county  at  general  and 
special  elections;   and 

{h)  To  represent  the  county  in  all  litigation,  and  in 
general  to  protect  its  rights  and  interests  as  circum- 
stances may  seem  to  render  necessary. 

6.  Meetings — Regular  meetings  of  the  Board  of 
Supervisors  occur  on  the  first  Monday  in  January,  April, 
June,  and  September  of  each  year.  It  meets  also  on 
the  first  Monday  after  a  general  or  special  election  and 
canvasses  the  vote  of  the  county.  Special  meetings  may 
be  held  from  time  to  time  in  the  discretion  of  the  Board. 

7.  Auditor — The  County  Auditor  acts  as  clerk  of 
the  Board  of  Supervisors,  records  its  proceedings,  signs 
all  orders  or  warrants  upon  the  Treasurer  for  the  pay- 
ment of  claims  allowed  by  the  Board,  and  makes  out  and 
delivers  to  the  Treasurer  the  yearly  tax-lists.  He  is  the 
general  accountant  or  bookkeeper  of  the  county,  and 
keeps  a  detailed  account  and  record  by  which  the  l)oard 
may  settle  with  all  other  county  officers  and  agents. 
He  also  has  special  care  and  charge  of  the  court-house, 
subject  to  the  direction  of  tlie  Supervisors,  and  performs 
such  other  services  as  may  be  retjuired  of  him  by  law. 

8.  Treasurer  —  The   Treasurer    receives    all    money 


100  IOWA,  ITS  STATE  AND  LOCAL   GOVERNMENT 

payable  to  the  county,  and  disburses  it  only  on  tlie 
proper  warrant  or  order  signed  by  the  Auditor  and  sealed 
with  the  county  seal.  He  also  collects  the  taxes,  and 
keeps  an  exact  and  faithful  record  of  all  his  receipts  and 
payments  of  public  funds. 

9.  Recorder — The  Recorder  copies  in  full  and  at 
length  upon  the  books  of  his  office  all  contracts,  deeds, 
mortgages,  and  other  written  instruments  delivered  to 
him  for  that  purpose,  which  in  any  way  transfer,  change, 
or  affect  tlie  title  to  property  situated  within  the  county. 

10.  Clerk — The  Clerk  keeps  a  record  of  all  the  pro- 
ceedings of  the  District  Court,  and  issues  all  writs,  war- 
rants, and  process  required  by  law  or  by  order  of  the 
court  in  such  proceedings.  He  issues  licenses  for  all 
marriages  to  be  solemnized,  and  keeps  a  register  of  all 
births  and  deaths  within  the  county. 

11.  Sheriflf — The  Sheriff,  by  himself  or  deputy, 
serves  all  writs  and  other  legal  process  issued  to  him 
by  the  court  or  other  competent  authority.  He  has 
charge  of  the  county  jail,  and  is  required  to  receive  and 
safely  keep  all  persons  duly  committed  to  his  custody 
until  they  are  lawfully  discharged. 

12.  Conservator  of  the  Peace — It  is  his  duty  to 
prevent  and  suppress  all  violence  and  public  offenses  of 
every  kind,  and  when  necessary  may  call  to  his  aid  any 
citizen  or  citizens  of  the  county.  A  citizen  of  the 
county  when  called  upon  by  the  Sheriff  to  assist  him  in 
preserving  the  peace  or  making  an  arrest  cannot  law- 
fully refuse  so  to  do. 

13.  County  Attorney — As  we  have  already  noted  in 
the  chapter  upon  the  Judicial  Department  of  the  State, 
the  County  Attorney  is  the  public  prosecutor  or  attorney 
for  the  State  in  all  prosecutions  for  crime   committed 


COUNTIES  AND   COUNTY  GOVERNMENT       101 

within  liis  county.  Tt  is  also  his  duty  to  appear  for  and 
defend  the  county  in  all  civil  litigation,  and  give  the 
l)eneiit  of  his  advice  to  the  county  officers  in  matters 
relating  to  their  official  duties. 

l-A.  Supcrintendcut  of  Schools — As  his  title  implies, 
the  Superintendent  iias  general  supervision  of  the  public 
schools.  He  examines  ap})licants  for  license  to  teach, 
visits  the  schools  from  time  to  time,  holds  teachers'  insti- 
tutes, and  makes  annual  report  to  the  State  Superin- 
tendent as  to  the  state  and  pi'ogress  of  public  education 
in  his  county. 

15.  Decides  Appeals — The  County  Superintendent 
is  also  autliorized  to  hear  and  decide  all  appeals  properly 
taken  from  any  order  oi*  decision  of  a  district  Board  of 
Directors. 

16.  Surveyor — Tlie  County  Surveyor  surveys  lands 
and  establishes  ])Oundary  lines  and  corners  whenever 
called  upon  for  tliat  purpose  by  persons  interested  there- 
in. Surveys  made  by  him,  within  his  county  and  prop- 
erly recorded,  are  presumed  to  be  correct  until  j) roved 
to  be  otherwise. 

17.  Coroner — The  Coroner  is  required  to  hold  in- 
quest upon  the  dead  bodies  of  such  persons  as  are  sup- 
posed to  have  died  l)y  unlawful  means.  He  also  per- 
forms the  duties  of  sheriff  in  the  absence,  disability,  or 
disqualification  of  that  officer. 

18.  Terms  of  County  Officers — County  officers,  ex- 
cept members  of  the  Board  of  Supervisors,  are  chosen 
for  terms  of  two  years  each, — the  Auditor,  Recorder, 
Clerk,  and  County  Attorney  being  elected  in  the  even- 
numbered  years,  and  the  Treasurer,  Slieriff,  Superin- 
tendent of  Schools,  Surveyor,  and  Coroner  in  the  odd- 
numbered  years. 


102  IOWA,  ITS  STATE  AND  LOCAL   GOVERNMENT 

19.  Elig-ibility  of  Women — Women  are  bylaw  made 
eligible  to  the  offices  of  Recorder  and  Superintendent  of 
Schools. 

20.  Salaries  aud  Compensation — The  salaries  of 
county  officers  are  in  some  instances  graded  according  to 
the  population  of  the  counties ;  in  other  instances  are 
left,  in  whole  or  in  part,  to  the  discretion  of  the  Board 
of  Supervisors ;  and  in  still  others  are  wholly  dependent 
on  the  fees  collected. 

The  following  list  shows  wdtli  substantial  accuracy  the 
compensation  received : 

Auditor $1200  to  $1500 

Treasurer 1200  to    1500 

Clerk 1100  to    1500 

Attorney 300  to    1500 

Sheriff 2300  to    3000 

Recorder 1500 

Superintendent 4  per   day 

Surveyor 4     "      " 

(to  be  paid  by  those  who  employ  his  services). 

Coroner Fees  (according 

to  the  services  performed). 

The  Sheriff  and  Recorder  look  wholly  to  the  fees  col- 
lected by  them  for  their  salaries,  but  if  the  amount  so 
collected  by  either  of  them,  in  any  one  year,  is  in  excess 
of  the  limit  above  mentioned,  the  excess  must  be  paid 
into  the  county  treasury. 


TOWNSHIPS  AND   TOWNSHIP  GOVERNMENT    103 

CHAPTEPw  XXI 

TOWNSHIPS    AND   TOWNSHIP    GOVERNMENT 

1.  Congressional  Townships — When  the  lands  em- 
braced within  the  State  of  Iowa  were  still  owned  by  the 
Government  of  the  United  States,  they  were  surveyed, 
in  obedience  to  an  act  of  Congress,  into  tracts,  or  Ijlocks, 
six  miles  square,  these  blocks  being  in  turn  subdivided 
into  smaller  blocks  of  one  mile  square.  Each  of  the 
large  blocks  is  called  a  "  Congressional  township  "  or  a 
"township  according  to  govermnent  survey."  The 
smaller  blocks  or  subdivisions  are  called  "  sections. " 
As  shown  in  the  preceding  chapter,  the  boundary-lines 
of  the  counties  are  usually  made  to  coincide  ^^^th  some 
of  these  lines  of  the  government  survey. 

2.  Civil  Townships — For  the  purposes  of  greater 
convenience  of  local  or  neighborhood  government,  each 
county  is  divided  into  smaller  parts,  each  of  which  is 
called  a  township.  To  distinguish  these  townships  from 
those  of  the  government  survey,  they  are  usually  spoken 
of  as  "  civil  townships. ' ' 

In  most  counties  eacli  congressional  township  is  organ- 
ized into  a  civil  township,  but  there  are  quite  frequent 
exceptions  to  this  rule.  The  division  of  the  county  into 
townships  is  made  by  the  Board  of  Supervisors,  which 
has  the  power  to  increase  the  number  or  change  the 
boundaries  in  such  manner  as  it  may  deem  wise. 

3.  Tow^nship  Officers — In  each  civil  township  there 
are  three  Trustees,  one  Clerk,  two  Justices  of  the  Peace, 
two  Constables,  one  Assessor,  and  one  or  more  Road 
Supervisors. 


104  IOWA,  ITS  STATE  AND  LOCAL  GOVERNMENT 

4.  Trustees — Tlie  townsliip  Trustees  act  as  overseers 
of  the  poor,  equalize  the  assessment  of  property  for  the 
purposes  of  taxation,  decide  controversies  as  to  l)0undary 
fences  between  adjacent  landowners,  assess  damages  done 
by  trespassing  animals,  and  serve  as  judges  of  election. 
They  also  act  as  a  board  of  health,  and  jDerform  other 
duties  as  may  be  required  by  law. 

5.  Justices  of  the  Peace — A  Justice  of  the  Peace 
has  authority  to  sit  as  a  court  for  the  trial  of  all  cases 
coming  within  the  limit  of  his  jurisdiction.  As  has 
been  before  explained,  this  jurisdiction  in  civil  matters 
is  restricted  to  cases  where  the  amount  in  controversy 
does  not  exceed  one  hundred  dollars,  and  in  criminal 
matters  to  cases  where  the  punishment  cannot  exceed  a 
fine  of  one  hundred  dollars  or  thirty  days'  imprisonment 
in  the  county  jail. 

6.  Otlier  Powers — lie  may  also  solemnize  marriages, 
take  the  acknowledgment  of  deeds  and  other  written 
instruments,  administer  oaths,  and,  in  the  absence  of  the 
coroner,  may  hold  inquests  upon  dead  bodies  when  the 
circumstances  call  for  such  investigation. 

7.  Constables — The  principal  duties  of  Constables  are 
to  serve  notices  and  execute  warrants  and  writs  issued  by 
Justices  of  the  Peace.  They  are  also  recjuired  to  serve  all 
notices  and  other  process  lawfully  directed  to  them  by 
the  Township  Trustees,  Township  Clerk,  or  by  any  court. 

8.  Clerk — The  Clerk  keeps  a  record  of  the  proceed- 
ings of  the  Townsliip  Trustees,  acts  as  clerk  of  election, 
makes  out  the  road-tax  lists  for  the  use  of  the  Poad  Su- 
pervisors, and  receives  and  disburses  the  road  tax  collected 
l)y  tlie  County  Treasurer  for  the  use  of  his  township. 

i).  Assessor — It  is  the  duty  of  the  Assessor  to  make 
and  deliver  to  the  Countv  Auditor  a  list  of  all  taxable 


CITIES  AND  TOWNS  105 

property  in  las  township,  together  with  his  estimate  of 
the  vahie  of  each  item  of  such  pro{)erty.  Tlie  vahie  tlms 
fixed  by  him,  after  being  revised  and  equalized  by  the 
Township  Trustees,  is  the  basis  upon  which  all  taxes  are 
levied.  Personal  property  is  thus  assessed  every  year, 
but  real  estate  is  assessed  once  in  two  years. 

lO.  Ro'ad  Supervisors — Each  township  is  divided  by 
the  Trustees  into  districts  of  convenient  size,  in  each  of 
which  a  lioad  Supervisor  is  elected.  This  snpervisor  has 
charge  of  the  improvement  and  repairs  of  the  public 
roads  in  his  district.  He  expends  the  moneys  collected 
for  road  purposes,  and  when  any  part  of  the  road  tax  is 
payable  in  labor  he  calls  out  the  persons  liable  to  such 
duty  and  directs  the  manner  in  which  it  shall  be  per- 
formed. 

CHAPTER  XXII 

CITIES    AND    TOWNS 

1.  Incorporation — Until  incorporated,  a  city,  town, 
or  village  is  considered  simply  as  a  part  of  the  civil 
township  in  which  it  is  situated,  and  has  no  distinct  or 
separate  local  government.  Incorporation  is  a  legal  pro- 
ceeding by  which  such  city  or  town  is  granted  certain 
rights  and  jaivileges  of  local  self-government. 

2.  How  Obtained — Incorporation  is  obtained  by  ap-  C^Jij^ 
plying  to  the  District  Court  and  (tl)taining  an  order  for,-wL«txX 
an  election  to  be  held  in  the  territory  proposed  to  be  in-  i^i^t 
corporated.    If  a  majority  of  votes  is  cast  in  its  favor  the   ^  V . 
incorporation  is  complete,  and  another  election  is  called 

for  the  selection  of  officers.  When  spoken  of  as  a  class, 
cities  and  towns  thus  set  apart  and  granted  powers  of 


106  IOWA,  ITS  STATE  ANB  LOCAL   GOVERNMENT 

local  self-government,  are  usually  called  Municipal  Cor- 
porations. 

3.  Classes — The  municipal  corporations  of  this  State 
are — 

1 .  Cities  of  the  first  class ; 

2.  Cities  of  the  second  class ; 

3.  Incorporated  towns. 

4.  Incorporated  Town — A  municipal  corporation 
having  less  than  two  thousand  inhabitants  is  called  an 
Incorporated  Town, 

5.  Elective  Oflfleers — The  elective  ofiicers  of  an  in- 
corporated town  are  one  Mayor,  one  Recorder,  and 
six  Trustees,  who  together  constitute  the  town  council. 

The  council  may  by  ordinance  provide  for  the  election 
of  a  treasurer  and  such  other  subordinate  ofiicers  as  it 
may  deem  necessary  for  the  purposes  of  good  govern- 
ment. 
^'    6.  Mayor — The  Mayor  is  the  chief  executive  officer 
^    ,      ,of  the  town,  presides  at  the  meetings  of  the  council,  and 
.^  y  has  a  vote  on  all  questions  coming  before  it.      He  is  also 
J^    a  magistrate  with  the  powers  of  a  justice  of  the  peace, 
V    ^      and  has  exclusive  jurisdiction  to  try  persons  charged  with 
violation  of  the  town  ordinances. 
y.     7.  Kecorder — The  Recorder  is  clerk  of  the  corpora- 
tion, and  keeps  a  record  of  all  the  proceedings  of  the 
council.      He  has  no  vote  in  the  council. 

8.  Treasurer  —  The  Treasurer  has  custody  of  all 
moneys  belonging  to  the  town,  and  pays  them  out  upon 
the  order  of  the  council  and  warrant  of  the  Recorder. 

9.  Assessor — The  duties  of  the  Assessor  within  the 
town  are  similar  to  those  of  a  township  assessor,  which 
are  explained  in  the  preceding  chapter.  An  Assessor 
is  also  elected  in  each  city  of  the  first  and  second  class. 


y"- 


CITIES  AND   TOWNS  107 

10.  Marshal — Tlie  eouivoil  a]ipoints  a  Marshal,  who  Jj^ 
has  the  powers  of  a  constable.      He  executes  tlie  i)rocess4l^ 

of  the  Mayor,  and  preserves  tlie  pubhc  peace  and  order 
within  the  limits  of  the  town. 

11.  Powers  of  Incorporated  Town — Every  incor- 
porated town  has  power  to  prevent  and  suppress  nui- 
sances, riots,  and  breaches  of  the  peace,  to  lay  out  and 
improve  streets,  to  provide  I'egulations  against  danger 
from  lire,  to  prevent  animals  from  running  at  large,  to 
construct  or  permit  the  construction  of  water- works,  and 
in  general  to  do  all  those  tliinu-s  which  arc  necessary 
and  reasonable  to  preserve  the  public  peace  and  promote 
the  safety  and  convenience  of  its  inhabitants. 

12.  Terms  of  Office — The  six  trustees  of  an  incor- 
porated town  are  elected  for  terms  of  three  years,  but 
are  so  classitied  that  two  are  chosen  at  each  annual  elec- 
tion.    The  other  elective  officers  serve  terms  of  oqc  year^^ 
each.  ^'c/^'^~ — 

13.  Ordinances — The  local  laws  and  regulations  en- 
acted by  the  council  are  called  ordinances.  Persons  vio- 
lating these  ordinances  may  be  punished  by  fine  or 
imprisonment. 

14.  Cities  of  the  Second  Class — Municipal  corpo- 
rations having  more  than  two  thousand  and  less  than  fif- 
teen thousand  inhabitants  are  cities  of  the  secoi  d  class. 

15.  Powers — Cities  of  the  second  class  have  all  the 
powers  and  privileges  of  incorporated  towns,  together 
with  certain  additional  privileges  relating  to  public  im- 
provements and  the  regulation  of  business  done  within 
the  city  limits. 

16.  Wards — Each  city  is  subdivided  into  smaller 
parts  called  wards.  In  each  ward  the  qualified  voters 
elect  two  members  of  the  city  council  for  terms  of  two 


108  IOWA,  ITS  STATE  AND  LOCAL   GOVERNMENT 

years — one  being  elected  eacli  year.      Members  of  the 
council  are  commonly  called  conncilmen  or  aldei-men, 

17.  Mayor — The  Mayor  of  a  city  of  the  second  class 
is  elected  for  two  years.  lie  jn-esides  at  the  meetings 
of  the  council,  but  has  no  vote  upon  questions  coming 
before  it  except  in  cases  of  a  tie.      He  is  also  a  magis- 

'V;        trate  with  the  same  powers  as  the  major  of  an  incor- 
porated town. 

18.  Solicitor — Tlio  City  Solicitor  is  also  elected  for 
two  years.  lie  is  the  legal  adviser  of  t'.e  city  and  its 
officers,  and  represents  its  interests  in  all  litigation. 

19.  Clerk — The  Clerk  is  appointed  by  the  council, 
and  performs  duties  similar  to  those  required  of  the 
Recorder  of  an  incorporated  town. 

20.  Marshal,  etc.  — A  Marshal,  Street  Commissioner, 
and  as  many  policemen  as  are  deemed  necessary  are 
appointed  by  the  council. 

21.  Cities  of  First  Class — All  cities  having  more 
than  fifteen  thousand  inhabitants  rank  as  cities  of  the 
first  class. 

22.  Officers — The  officers  of  a  city  of  the  first  class 
are  Mayor,  Conncilmen,  Solicitor,  and  Treasurer,  having 
in  general  substantially  the  same  powers  as  are  exercised 
by  officers  of  like  name  in  cities  of  the  second  class.  In 
addition  to  tliose  named,  each  city  of  this  class  elects  an 
Auditor,  who  keeps  the  books  and  accounts  of  the  corpo- 
ration ;  a  Police  Judge,  who  hears  and  decides  cases  aris- 
ing under  the  city  ordinances;  and  an  Engineer,  who 
surveys  and  determines  the  grades  of  streets  and  does 
other  skilled  work  of  that  nature. 

23.  Police — The  Mayor  of  a  city  of  the  first  class 
appoints  the  members  of  the  police  force,  including  a 


CITIES  AND   TOWNS  109 

Marshal  or  Chief  of  Police,  who  hold  their  ofHce  during 
his  pleasure. 

24.  Superior  Court — Any  city  containing  a  popula- 
tion of  seven  thousand  or  more  may  by  vote  of  its  (piali- 
fied  electors  establish  a  Superior  Court.  The  judge  of 
this  court  is  elected  at  a  regular  city  election,  and  holds 
his  office  for  a  term  of  four  years. 

25.  Jurisdictiou — The  Superior  Court  has  exclusive 
jurisdiction  to  try  and  determine  all  actions  for  violation 
of  the  city  ordinances.  It  also  has  the  power  and  au- 
thority usually  exercised  by  justices  of  the  peace,  and 
in  most  civil  matters  exercises  equal  jurisdiction  with 
the  District  Court. 

20.  Salary  of  Judge — A  judge  of  the  Superior 
Court  receives  a  salary  of  $2000  per  year,  one  half  of 
which  is  paid  from  the  city  treasury  and  the  other  half 
from  the  county  treasury. 

27.  Number  —  Council  Bluffs,  Cedar  Kapids,  and 
Keokuk  are  the  only  cities  in  the  State  now  maintaining 
a  Superior  Court. 

28.  Annual  Elections — Except  in  some  citiesjjnd^ 
special  charters,  the  regular  annual  election  for  all  city 
and  town  officers  takes  place  on  the-fo'eHiTonday  in  March. 

29.  Special  Charters — It  will  be  remembered  that 
the  present  Constitution  of  the  State  (06)  prohibits  the 
incorporation  of  cities  by  special  act  of  the  Legislature, 
but  at  the  time  this  provision  was  adoped  a  few  of  the 
older  cities  had  already  been  incorporated  by  that  method. 

Of  these  cities,  Dubuque,  Keokuk,  Davenport,  and 
Cedar  Rapids  still  retain  their  special  charters  granted 
under  the  old  Constitution,  but  their  government  does 
not  differ  in  essential  particulars  from  that  of  other  cities 
of  the  first  class. 


110  IOWA,  ITS  STATE  AND  lOCAL   GOVERNMENT 

30.  Abandonment — Any  city  or  incorporated  town 
may  abandon  its  corporate  government  by  vote  of  its 
qualified  electors  at  an  election  called  for  that  purpose. 

If  at  sucli  election  two  thirds  of  the  votes  cast  are  in 
favor  of  the  proposition  and  all  corporate  debts  are  paid, 
the  corporation  will  be  discontinued. 

CHAPTER  XXIII 

SCHOOL    DISTKICTS 

1.  Districts — Each  civil  township  is  a  School  District 
and  is  ordinarily  subdivided  into  smaller  parts  called  sub- 
districts.  The  township  when  spoken  of  in  its  capacity 
as  a  school  district  is  called  a  District  Township. 

2.  Directors — Annually  on  the  first  Monday  in  March 
each  sub-district  elects  a  sub-director  and  the  sub-directors 
thus  elected  together  form  a  Board  of  Directors  for  the 
district  township. 

3.  Government — Tlie  management  of  district  affairs 
is  exercised  in  part  l)y  the  voters  assembled  in  annual 
meeting  and  in  part  by  the  board  of  directors. 

4.  Annual  Meeting  —  On  the  second  Monday  in 
March  of  each  year  the  voters  of  the  district  townsliip 
convene  in  a  mass  or  general  meeting.  When  thus 
legally  assembled  they  consider  and  determine  many 
matters  relating  to  district  government,  among  the  most 
important  of  which  is  the  voting  of  taxes  for  the  con- 
struction of  schoolhouses  and  for  the  jDurchase  of  grounds. 

5.  Organization  of  Board — The  Board  of  Directors 
holds  regular  meetings  on  th^  third  Monday  of  March 
and  third  Monday  of  September  in  each  year.  At  the 
March  meeting  annually  the  members  elect  a  president 


SCHOOL  DISTRICTS  111 

from  their  own  nuiul)er ;  and  at  tlie  September  meeting 
they  also  elect  a  secretary  and  a  treasurer  from  the  town- 
sliip  at  large. 

O.  Powers  of  Board — The  Board  of  Directors 
makes  all  contracts,  purchases,  sales,  and  payments  neces- 
sary to  carry  out  any  vote  of  the  district,  and,  subject 
to  the  powers  vested  in  the  annual  meeting  of  the  voters, 
it  has  full  charge  and  control  of  the  schools  and  school 
property  within  the  district. 

7.  Powers  of  Sub-Directors — Under  such  reason- 
able rules  and  regulations  as  the  board  may  adopt,  each 
sub-director  provides  fuel  for  the  school  in  his  sub-dis- 
trict, employs  teachers,  keeps  the  buildings  in  re])air, 
and  has  general  control  and  management  of  the  school- 
house. 

8.  ludepencleut  Districts — Any  city,  town,  or  vil- 
lage may  be  made  into  a  separate  Independent  School 
District  by  vote  of  the  people  at  an  election  called  for 
that  purpose.  The  sub-districts  of  a  district  township 
may  also  become  Independent  Districts  when  a  majority 
of  the  votes  cast  in  each  sub- district  is  in  favor  of  such 
independent  organization.  As  a  general  rule  all  cities 
and  towns  are  organized  as  Independent  Districts,  while 
in  agricultural  communities  the  district  township  system 
is  retained. 

9.  Board  of  Directors — Subject  to  the  rights  of  the 
voters  in  annual  meeting,  the  government  of  an  inde- 
pendent district  is  vested  in  a  Board  of  Directors.  In 
districts  having  more  than  five  hundred  inhabitants  the 
board  has  six  members,  and  in  districts  of  less  popula- 
tion three  members..  They  are  elected  for  three  years 
each,  but  their  tenns  are  so  ^assified  that  one  third  of 

the  members  is  chosen  at  each  ail mial  election.    •,    '      <:l,,\ACJm>-*^^ 


112  IOWA,  ITS  STATE  AND  LOCAL   GOVERNMENT 

10.  Officers — The  directors  elect  a  President  from 
their  own  number,  and  a  Secretary  and  Treasurer  from 
the  district  at  large,  the  same  as  is  done  in  district 
townships. 

11.  Election — The  regular  annual  election  and  the 
annual  meeting  of  the  voters  in  each  independent  dis- 
trict occur  together  on  the  second  Monday  in  March. 

12.  Schools — Under  the  system  prevailing  in  this 
State  every  sub-district  and  independent  district  is  sup- 
j)lied  with  at  least  one  common  school.  The  number  of 
schools  in  each  sub-district  and  independent  district,  and 
the  location  of  the  schoolhouses,  are  left  to  the  discretion 
of  the  Board  of  Directors. 

13.  School  Year — Twenty-four  weeks  of  five  days 
each  constitute  a  school  year.  During  this  period  a 
school  must  be  taught  in  each  sub- district  and  inde- 
pendent district  for  "the  instruction  of  children  and 
young  people  between  the  ages  of  five  and  twenty-one 
years. .  In  actual  practice  most  of  the  schools  of  the 
State  are  in  session  from  thirty- two  to  forty,  weeks  in 
each  year. 

14.  Branches  Taught — In  these  schools  pupils  are 
instructed  in  reading,  writing,  spelling,  arithmetic, 
geography,  grammar,  physiology,  hygiene,  and  elemen- 
tary civics  and  economics,  with  such  additional  branches 
as  the  voters  may  determine  upon  at  their  regular  annual 
meeting. 

15.  How  Supported — The  moneys  arising  from  the 
permanent  and  temporary  school  funds  of  the  State, 
though  of  great  importance,  furnish  but  a  comparatively 
small  part  of  the  support  of  the  common  schools.  The 
remainder  required  for  such  support  is  suj^jjlied  by  taxa- 
tion in  the  several  districts  according  to  theii"  needs. 


TAXATION  113 

16.  Scliools  Free — The  scliools  of  each  district  are 
entirely  free  to  all  persons  of  the  j^roper  age  residing 
therein.  If,  however,  there  are  two  or  more  schools  in 
the  district  where  the  pupil  resides,  the  directors  are 
authorized  to  decide  which  school  he  may  attend. 


CHAPTER  XXIV 

TAXATION 

1.  Assessment — We  have  already  learned  that  prop- 
erty is  assesssd  or  valued  for  taxation  hy  Assessors  elected 
for  that  purpose  in  the  several  townships,  towns,  and 
cities  of  the  State. 

2.  Equalization — When  the  assessors  have  completed 
their  work  the  lists  are  submitted  for  examination  and 
correction  to  the  township  trustees,  or  town  or  city 
council,  as  the  case  may  be,  acting  as  a  Board  of  Equal- 
ization. The  board  also  hears  and  decides  complaints 
of  those  who  dispute  or  criticise  the  estimates  made  by 
the  assessors. 

3.  State  Taxes — The  rate  of  taxation  for  State  pur- 
poses is  determined  by  the  General  Assembly,  and  notice 
thereof  is  transmitted  by  the  State  Auditor  to  each 
County  Auditor. 

4.  County  Taxes — The  rate  for  county  purposes  is 
fixed  by  the  Board  of  Supervisors  in  each  county. 

5.  School  Taxes  —  Taxes  for  school  purposes  are 
usually  divided  into  three  accounts  or  funds,  known  re- 
spectively as  the  Schoolhouse,  Teachers',  and  Contingent 
Fund.  The  tax  for  tlie  Schoolhouse  Fund  is  voted  by 
the  people  of  each  district  at  their  annual  meeting,  while 
the  amounts  required  forthe  other  funds  are  estimated  by 


114  IOWA,  ITS  STATE  AND  LOCAL   GOVERNMENT 

the  Board  of  Directors — all  of  which  is  certified  by  the 
directors  to  the  County  Auditor. 

6.  Municipal  Taxes — Taxes  for  town  and  city  pur- 
poses are  fixed  by  the  council  of  each  town  or  city  ac- 
cording to  its  needs,  and  are  likewise  certified  to  the 
County  Auditor. 

7.  Levy — The  Board  of  Supervisors  at  its  regular  Sep- 
tember meeting  in  each  year  proceeds  to  order  the  col- 
lection of  all  the  various  taxes  which  have  been  properly 
certified  to  the  Auditor,  together  with  the  taxes  it  deter- 
mines upon  for  county  purposes.  With  the  rates  thus 
fixed  the  Auditor  makes  up  the  tax  lists  and  delivers 
them  to  the  County  Treasurer  on  or  before  the  31st  day 
of  December. 

8.  Collection — It  is  the  duty  of  every  person  subject 
to  taxation  to  attend  at  the  oflice  of  the  Treasurer  at 
some  time  between  the  first  Monday  in  January  and  the 
first  Monday  in  March  and  pay  his  taxes  in  full ;  or  he 
may  at  his  option  pay  one  half  thereof  at  any  time  before 
the  first  Monday  of  March  and  the  other  half  before  the 
first  of  September  without  extra  charge  or  penalty. 

If  the  taxes  are  not  paid  as  above  stated  they  are  said 
to  be  delinquent,  and  a  penalty  of  one  per  cent  per  month 
is  thereafter  added. 

9.  Tax  Sale  of  Lands — On  the  first  Monday  in  De- 
cember of  each  year  the  Treasurer  after  due  notice  oilers 
at  public  sale  all  lands,  town  lots,  and  other  real  estate  on 
which  any  taxes  remain  delinquent. 

10.  Redeniptioii — A  person  having  real  estate  whicli 
lias  been  sold  for  taxes  may  redeem  the  same  at  any  time 
within  three  years  by  paying  to  the  Auditor  the  amouut 
for  whicli  it  was  sold  with  a  penalty  of  ten  j)er  cent  and 
accumulated  interest.    If  not  so  redeemed,  the  purchaser 


TAXATION  115 

after  due  notice  to  the  OM'iier  may  apply  to  the  Treasurer 
and  receive  a  deed.  If  the  proceedings  have  been  reg- 
ular, the  origiiial  owner  loses  all  title  to  the  j)roperty 
conveyed  by  such  deed. 

1 1.  Sale  of  Personal  Property — The  Treasurer  may 
also  seize  and  sell  the  personal  property  of  the  delincpicnt 
taxpayer  to  enforce  payment  of  taxes ;  but  where  there 
is  real  estate  from  which  the  collection  can  be  made 
other  remedies  are  not  ordinarily  employed. 

12.  Taxation  of  Railroads — All  railroad  property 
in  the  State  is  assessed  by  the  Executive  Council.  This 
valuation  is  made  at  an  average  sum  per  mile  of  road,  and 
depends  upon  the  earnings  of  the  several  corporations 
and  all  other  matters  necessary  to  enable  the  council  to 
make  a  just  and  equitable  assessment. 


INDEX 


TO  IOWA  SUPPLEMENT. 


[For  General  Index  to  the  book,  see  page  287.] 


PAGE 

Adjournment     of     General     As- 
sembly         14 

Adjutant-General 7(5 

Administration  of  justice  84 

Admission  as  a  Stsite 37 

Agricultural  College 78,  91 

Amendment  of  bill 14,  CO 

constitution   33,93 

Amendments  adopted  94 

Annual  school  meeting  110 

Appeal  24,  80 

Appointments  to  fill  vacancies 96 

Assessment  of  taxes. 113 

Assessors 104,  10(5 

Asylums 78 

Attainder,  bills  of 10,  51 

Attorney-General 26,  73 

Auditor  of  State  23,  72 

County... 99 

Bail,  excessive 10,  50 

right  to 9,49 

Ballot,  Australian .56 

Basis  of  representation 66 

Bills,  passage  of 14,  60 

title  of 17,64 

when  returned  14,  61 

Board  of  Equalization 113 

Health 76 

Boundaries  of  Iowa 6,-34 

Bridges 99 

Capital  of  State 35,  97 

Census 18,  65 

Chancery  and  law 24,  80 

Cities  of  first  class 108 

second       '"     107 

Citizenship  53 

Claims  against  county 99 

Clerk,  city 108 

county  100 

of  supreme  court 81 

Collection  of  taxes 114 

Commerce 89 

Commissioner  of  labor 76 

Common  schools     112 

Conservators  of  the  peace. .  24,  82,  100 
Constables 104 


PAGE 

Contracts  for  schools Ill 

Constitution,  development  of.  ...    38 

as  an  outline 41 

sujjreme  law  35 

Convention,  constitutional 33,  94 

Coroner 101 

Corporations  : 

banking 29,  89 

for  profit  87 

for  otlier  purposes 87 

how  created 29,  88 

municipal 29,  88 

name  of 87 

State  not  a  shareholder 29, 88 

taxable 29,  88 

utility  of 87 

Cotinties,  number  and  area 98 

County  Attorney 100 

Clerk  100 

officers 98 

terms  of 101 

Courts  : 

District 34,80 

jurisdiction  of 24,  82 

Justices' 34,  95 

Superior 109 

Supreme  2.3,79 

jurisdiction  of 24,  80 

Dairy  commissioners 77 

Delinquent  taxpayers 115 

Directors  of  school  district 110 

Discovery  of  Iowa 36 

Distribution  of  powers 12,  57 

Districts,  representative 19,  65 

school 92,  110 

senatorial 19,  65 

Divorce 17,  63 

Duelling 8 

Early  settlement 39 

Elections,  contested        20,  68 

by  general  assembly 19,  68 

Electors,  pi-ivileges  of . .  11,  54 

Equalization  of  taxation 113 

Esclieats 32,  91 

Executive  council 73 

117 


118 


INDEX 


PAGE 

Fire,  protection  against 107 

Foreigners,  rights  of 10,51 

Free  schools 113 

Freedom  of  speech 8.  46 

General  assetably : 

duties  of 21,  69 

election  20,  67 

eligibility  20,  68 

term  of  office 22,  70 

Government,  nature  of.  43 

Habeas  corpus 9,  49 

High  schools,  county  92 

High-school  departments 92 

Historicn,!  department 78 

History  of  Iowa 36 

Impeachment 15,  61 

Imprisonment  for  debt 10,  50 

Incorporated  towns 106 

offlcersof.... 106 

powers  of 107 

Incorporation  of  cities 105 

Indebtedness  of  municipalities..  34,  96 

state 27,  85,  86 

Independent  school  districts. ..  .    Ill 
Indictable  offenses 48 

Judges.    See  Courts. 

Judicial  Department 23,  79 

districts 25 

Jurisdiction,  defined 95 

Jury 

Grand ,.   26,83 

right  to  trial  by 8,  47 

Trial 83 

Justice  of  the  Peace 34,  104 

Laws,  special,  prohibited 17,  64 

take  effect,  when  17,  63 

Lease  of  agricultural  lands 10,  52 

Legislative  powers  of  nation 40 

State 40 

Levy  of  taxes 114 

Lieutenant-Governor 20,  22,  67 

president  of  senate 22,  71 

Liquor,  manufacture  and  sale  of  .     10 
Lotteries 17,03 

Majority,  rule  of 44 

Marriage  license 100 

Marshal 107,  108 

Mayor 106,  108 

Military      subordinate     to      civil 

power 9,  49 

Mihtia  9,26,84 

Mine  inspectors 76 

Monarchy  verxus  Republic 44 

Municipal  corporations,  classes  of  106 
Municipal  elections 109 

National  Guard 84 

New  counties,  area  of 3),  95 

Non-elective  State  officers 75 

Normal  school 78,  92 


PAGE 

Oath  of  general  assembly 18,  64 

public  office 34,  9G 

Oil  inspector 76 

Ordinances 107 

Pardon 22,70 

Penitentiaries 78 

Petition,  right  of 10,  51 

Petty  misdemeanors 9,  48 

Police  108 

Political  power 43 

Printer  and  binder 77 

Private  property,  seizure  of 10,  50 

Process,  style  of 82 

Public  credit 27,  85 

education 90 

roads 99,  105 

Railroad  Commissioners 74 

Recorder 106 

Redemption  of  real  estate 114 

Reformatories 78 

Register  of  births  and  deaths 100 

Religious  liberty 7,  44 

Reporter 81 

Residence 54 

Rights,  natural 43 

political 7,  43 

Riots 107 

Road  supervisors  ...   105 

Sale    of    personal    property    for 

taxes  115 

Salaries  of  cotmty  officers  102 

judicial      "      83 

State  "     74 

Schedule 35,  97 

School  funds 31,  86,  90 

distribution  of 33,  91 

School  year, 112 

Seal 23,  72 

Search-warrants  8,46 

Secretary  of  State 23,  72 

Sheriff  ...     100 

Slavery 10,51 

Solicitor 108 

Special  charters 109 

State  constitutions,  differences  in     38 

State  librarian 77 

State  University 78,9! 

Statutes 42 

Studies  in  common  schools 112 

Succession  in  office 22,  71 

Suffrage,  importance  of  53 

qualifications  for 11,  53 

partial 53 

Supervisors 98 

duties  of  board 98 

meetings 99 

Superintendent  of  Public  Instruc- 
tion      73 

Support  of  schools 112 

Supremacy  of  nation 41 

State 41 

Survej-or 101 

Taxes  113 

Taxation  of  railroads 115 


INDEX 


119 


PACK 

Tax  sale  of  lands    114 

Temporary  school  fund  91,  112 

Terms  of  office 74 

Tie  vote 68 

Township  clerk 104 

officers 103 

trustees 104 

Townships,  civil 103 

congressional 103 

Transportation 89 

Treason...  9,49 

Treasurer  of  State 23,  73 

Trial  by  jury 8,47 


PAGE 

University  fund 27,  31 

Vacancies  in  ofHce 35,  90 

Variety  of  local  government..   .   .    38 

Veto 14,  60 

Voting,  manner  of 12,55 

War  debts 28,  86 

Wardens 77 

Wards 107 

Water-works 107 

Women  eligible  to  office   102 


UNIVERSITY  OF  CALIFORNIA  AT  LOS  ANGELES 

THE  UNIVERSITY  LIBRARY 

This  book  is  DUE  on  the  last  date  stamped  "below 


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OTNiVERSl'i'i  OF  CAUFORKU 

AT 

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UWtAUX 


6325  Weaver  - 

TE^T  Iowa,  its 
W57   constitution 
and  laws. 


6525 

1897 

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